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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Madhurina Mitra – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeal has been preferred against a judgment dated September 17, 2025 passed in WPO No. 624 of 2008, whereby the appellant’s writ petition was dismissed by the learned Single Judge.
2. The primary relief sought in the writ petition was a declaration that there has been no acquisition proceeding in respect of the subject- plots, bearing Dag Nos. 3775, 3777 and 3788 in Mouza – Kasba, JL No.13, and that the respondent-Authorities never acquired any right, title and interest to deal with the said land or part thereof in any way.
3. As per the State-respondent and the KMDA, the requiring authority, upon due compliance of Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (for short, “Act II of 1948”), the subject-plots were acquired under Section 4 of the said Act and thereafter handed over to the requiring authority, the KMDA, upon which the KMDA has granted a licence in favour a third party being M/s. Haldiram Limited to fructify the purpose for which the land was first requisitioned and then acquired.
4. Learned counsel for the appellant argues that service of notice of requisition under Section 3(2) of Act II o
The absence of valid title documents negates a party's standing to contest land acquisition, as legally requisite procedures had been followed.
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.
The purpose of requisition must be within the scope and ambit of S. 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948. Service of notice on the owner is imperative under S. 3(2) of....
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