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IN THE HIGH COURT AT CALCUTTA
BIVAS PATTANAYAK
Shibdas Mondal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's ownership claim and background. (Para 1 , 2) |
| 2. respondents' ownership and claims based on nationalisation. (Para 3 , 5) |
| 3. intervention by state respondents regarding ownership. (Para 4) |
| 4. existence of acquisition rights under relevant laws. (Para 9 , 10) |
| 5. allegation of suppression of material facts. (Para 11 , 12) |
| 6. petition dismissed due to lack of merit. (Para 13 , 14 , 15) |
JUDGMENT :
Bivas Pattanayak, J.
1. This writ petition is filed by the petitioner seeking direction upon the respondent authorities to take necessary steps to stop the process of acquisition of the subject land without due process of law.
2. The petitioner contends as follows:
(i) The predecessor-in-interest of the petitioner namely Mahadeb Mandal was the absolute owner and possessor of the scheduled property comprised within plot no. 198 to 251, 50, 51, 53 to 56, 60 to 67, 160, 161, 163 to 165, 196, 206, 208 to 213, 237, 239, 240, 302, 303, 311, 312, 380, Khatian no. 198, under Mouza-Charanpore, Barabani, District-Paschim Bardhaman measuring more or less 34.2 acres of land.
(ii) The brother of petitioner namely Thakurdas Mondal filed a civil suit being Title Suit no. 294 of 1964 see
The court affirmed that land once vested in the government under nationalization cannot be claimed by previous lessees or their heirs, emphasizing the importance of legal title over mere possession.
The court affirmed that acquisition proceedings lapsed under Section 11A of the Land Acquisition Act, and violation of the principle of Audi Alteram Partem rendered the BL & LRO's order void.
No reasonable explanation being given by the petitioners for such inordinate delay, this court should not go into the stale demand of the petitioners after lapse of years.
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