Back
HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Belur Projects LLP – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. The petitioner claims to be the owner of several plots of land within Mouza – Bali, JL No. 14 under Nischinda Police Station in the district of Howrah measuring about 2.87 acres. The petitioners state that the possession of the plots of land of the petitioners was taken over by passing an order under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 on September 6, 1993. Petitioners allege that no further step for acquisition of the plots of the petitioners was taken but the same has been utilised for the purpose for which it was requisitioned.
2. Mr. Bose, learned Senior Advocate appearing for the petitioners submits that no steps for acquisition of the property under the provisions of the 1948 Act was taken. In the meantime, the life of the 1948 Act stood expired and the respondent authorities did not take any further step to acquire the said property by invoking the provisions of Section 9(3A) and/or 9(3B) of the Land Acquisition (West Bengal Amendment) Act, 1997. Mr. Bose further submits that in the meantime the Land Acquisition Act, 1894 stood repealed with coming into force of Right to Fair Compensation and Tran
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,....
Requisition proceedings under 1948 Act lapsed without proper compensation; State must initiate acquisition under 2013 Act.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
