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2023 Supreme(Cal) 1661

IN THE HIGH COURT AT CALCUTTA
ARIJIT BANERJEE, KAUSIK CHANDA
Board Of Councilor Sainthia Municipality – Appellant
Versus
Sundar Devi Anchalia – Respondent


Advocates Appeared:
For the Appellant : Mr. Partha Sarathi Bhattacharyya, Sr. Adv., Mr. Ashis Kumar Chowdhury, Adv., Mr. Avijit Kar, Adv., Mr. Arif Ali, Adv., Mr. Md. Faizan Yakub, Adv.
For the writ petitioners/ Respondent nos.1 & 3: Mr. Atish Ghosh, Adv., Ms. Antara Dey, Adv.
For the State : Mr. Md. T.M. Siddiqui, Adv.

Table of Content
1. requisition of land must convert to acquisition to ensure compensation. (Para 2 , 3 , 4)
2. argument against the maintainability of writ petition based on delay and lack of compensation. (Para 5 , 6 , 9 , 10)
3. state's need to initiate acquisition proceedings under current law. (Para 14 , 16)
4. delay does not prevent entitlement to just compensation. (Para 17 , 18 , 20)

JUDGMENT :

Kausik Chanda, J.

This appeal, at the instance of the Sainthia Municipality, Birbhum, is directed against a judgment and order dated July 17, 2017, rendered by a learned Single Judge of this Court.

2. The writ petitioners claimed before the learned Single Judge that 20 decimals of land appertaining to Plot No.5062, J.L. No.95 of Mouza-Sainthia under Sainthia Police Station, Birbhum was requisitioned by the State by initiating L.A. Case No.2 of 1986-87 under the provisions of West Bengal Land (Requisition and Acquisition) Act, 1948 (in short, the Act of 1948). Following the said Act of 1948, the possession of the land was taken over and transferred to Sainthia Municipality. The writ petitioners argued that the proceeding initiated under the provisions of Act of 1948 was not converted into a p

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