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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Bijoy Krishna Bera @ Bijoy Bera – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. Petitioner has prayed for a direction upon the respondent authorities to initiate an acquisition proceeding afresh in terms of the order of the Special Land Acquisition Officer, Paschim Medinipur, dated May 18, 2018 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter “the Act”), and to set aside the Memo dated March 18, 2020 issued by the Superintendent Engineer State Highway Planning Circle, Public Works (Roads Directorate), Government of West Bengal.
2. Petitioner claims to be the recorded owner of RS plot no. 452,453, 527, 513 and 513/3862 within Mouza Bural, JL No. 388 under Police Station Sabong in the District of Paschim Medinipur. Several plots of land including the aforesaid plots of the petitioner were requisitioned under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (Act II of 1948) (for short “the 1948 Act”) for construction of Sabong-Mohar ODR by initiating a proceeding being L.A. Case No. 255 of 1975-1976 as per the proposal received from Superintending Engineer Road Planning Circle. Possession of the plots of land have been
Requisition proceedings under 1948 Act lapsed without proper compensation; State must initiate acquisition under 2013 Act.
Where Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) applies, i.e. where there is no Award on the date o....
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,....
Where acquisition proceedings under the West Bengal Land (Requisition and Acquisition) Act, 1948, and a subsequent notice under Section 9(3B) of the Land Acquisition Act, 1894, have lapsed, the petit....
The State cannot deprive a citizen of his property without following due process of law and without paying just compensation.
The duty to compensate upon land acquisition is a constitutional safeguard, ensuring no individual is deprived of property without legal due process and fair compensation, embodied in Article 300A.
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