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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Siskin Hotels Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. By filing the instant writ petition under article 226 of the Constitution of India, the writ petitioner has prayed for issuance of appropriate writ commanding the respondents more specifically respondent no.5 for taking immediate steps to stop illegal digging on the land belonging to the writ petitioner with a further prayer for issuance of appropriate writ upon respondents/authorities for restoration of the land belonging to the writ petitioner to its original shape along with other ancillary reliefs.
2. In course of his submission Mr. Chatterjee, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page nos. 15 to 23 of the writ petition being a photo copy of the registered deed of gift dated 08.10.2009 whereby and whereunder the property in question being part(s) of the old Bata plot nos.1800/2160 and 1800/2208 was/were purchased by him for valuable consideration. It is the further case of the writ petitioner that after the purchase of the plots of land in the aforementioned two Bata plots which have been renumbered as LR Plot no.1978 and 1979 the name of the writ petitioner was duly rec
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.
A landowner whose land is acquired by the government for public purpose is entitled to compensation.
The court confirmed that established land settlements must be respected and that authorities cannot alter classifications of land previously settled without valid justification under law.
The absence of valid title documents negates a party's standing to contest land acquisition, as legally requisite procedures had been followed.
The main legal point established is that possession and fraudulent nature of legal documents can influence the court's decision, and the applicability of specific legal provisions must be carefully c....
Settlement authorities cannot alter confirmed land assignments without legal basis, emphasizing the need to respect prior land grants and judicial confirmations.
The scope of judicial review is confined to decision making process and not the decision per se.
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