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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Jibankrishna Mondal (since deceased) Sushanta Mondal – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Ajay Kumar Gupta, J.
1. The predecessor-in-interest of petitioner nos. 1(a) to 1(g) was the owners of plot nos. 1120 and 1607, measuring an area of about 0.79 and 0.06 acres of land, respectively. Petitioner no. 2 was the owner of plot nos. 1218, 1239 and 6996, measuring an area of about 0.05, 0.20 and 0.41 acres of land respectively, and petitioner no. 3 was the owner of plot nos. 7051, 7043, 1623 and 1207 measuring an area of about 0.35, 0.24, 0.36 and 0.03 acres of land respectively, situated at Mouza – Butia, J.L. No. 33, under Police Station – Budge Budge, District – South 24 Parganas.
2. The aforesaid lands were requisitioned, including other vast areas of land, and possession thereof was taken over on 19th January, 1971, in connection with the Charial Basin Drainage Scheme after initiation of a proceeding under the West Bengal Land (Requisition &Acquisition) Act, 1948 (in short, the said Act, 1948).
3. The land was acquired under Section 4(1a) of the said Act, 1948, upon publication of a Notification being No.7242 L. A. (PW) dated 19th March, 1975, in the Calcutta Gazette and accordingly notices under Section 5(3) of the said Act, 1948, were issued to the land owners.
Notices under Section 4(1a) of the West Bengal Land (Requisition and Acquisition) Act, 1948 issued prior to March 31, 1992, and for which no award was passed within 3 years, had already lapsed and co....
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,....
The court established that lapsed acquisition notices under the 1948 Act result in the revival of original ownership, and subsequent notices cannot validate expired proceedings.
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