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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
Hindustan Motors Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Writ petitioners have assailed the order dated March 13, 2024 corrected on March 20, 2024 passed by the West Bengal Land Reforms and Tenancy Tribunal in OA No. 3775 of 2022. By the impugned order learned Tribunal has dismissed OA No. 3775 of 2002 filed by the writ petitioners.
2. Learned senior advocate appearing for the writ petitioners has contended that, in 1946, government of West Bengal acquired 531 acres of land under the Land Acquisition Act, 1894. Possession of such land had been made over to the writ petitioners in 1947. By an indenture dated October 1, 1948, State had conveyed 530 acres of land to the predecessor in interest of the writ petitioner No. 1. Subsequently, State had acquired for the land of 190 acres under the Act of 1894 and possession made over to the predecessor in interest of the writ petitioner No. 1. A similar agreement under Section 41 of the Act of 1894 had been executed.
3. Learned senior advocate appearing for the writ petitioners has contended that, the subject land having been acquired by the State under the Act of 1894, and the same having vested in the State prior to the commencement of the West Bengal Estates Acquis
The non-agricultural tenant is exempted from the vesting provisions of the West Bengal Estates Acquisition Act, 1953, confirmed by the retrospective effect of Section 3A of the West Bengal Land Refor....
Land Acquisition - Process of acquisition was completed way back in the year 1987-88. The petitioners have even received the compensation and did not raise any objection immediately thereafter. They ....
Point of law: when once the proceedings are completed, the question of application of Section 101 of Act No. 30 of 2013 does not arise.
provisions of 1966 Act are neither repugnant to 2013 Act nor have been impliedly repealed on commencement of 2013 Act. The 1966 Act is a special Act whereas, 2013 Act is a general law. The provisions....
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
The main legal point established in the judgment is that the benefits of Section 24(2) of the 2013 Act should not be available to litigants who have obtained interim orders preventing the acquiring a....
The court ruled that prior land acquisition proceedings lapsed due to non-compliance with statutory timelines, necessitating fresh proceedings under the 2013 Land Acquisition Act.
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.
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