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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI
HARISH TANDON, APURBA SINHA RAY
District Magistrate, Darjeeling – Appellant
Versus
Manoj Kedia – Respondent
JUDGMENT :
HARISH TANDON, J.
1.The aforesaid appeals are filed by the respective appellants assailing the self-same judgment and order dated 10th February, 2023 passed in connection with WPA 1040 of 2021 by which the writ petition was disposed of directing the authorities to take possession of Plot no. 240 of Mouza Gourcharan within PS – Matigara from the Siliguri Jalpaiguri Development Authority within 3 weeks from the date of the communication of the order and also to pay rent compensation reckoning from 10th February, 1993 till the delivery of possession. The District Magistrate, Darjeeling and Siliguri Jalpaiguri Development Authority (SJDA) have filed the respective mandamus appeals challenging the said order one ground or other and therefore, we decided to hear out the aforesaid appeals together.
2. The facts disclosed from the record are adumbrated as under in order to determine the points addressed by the respective appellants. One Birendra Chandra Das was the owner of Plot no. 229 and 240 measuring 3.7 acres and 2.56 acres respectively in Mouza Gourcharan within PS – Matigara on the strength of deeds of conveyance dated 06.02.1957 and 19.03.1968 respectively. By virtue of a n
Requisition proceedings under 1948 Act lapsed without proper compensation; State must initiate acquisition under 2013 Act.
Once possession is taken and an award is passed, challenges to land acquisition proceedings are not maintainable, and remedies for compensation must be sought through reference proceedings.
The court established that incomplete land acquisition proceedings under the 1948 Act lapse under Section 24(1)(a) of the 2013 Act, mandating compensation determination according to the latter.
Landowners whose land is acquired for public purposes are entitled to fair compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,....
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