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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Shree Garden Resort Private Limited Company – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeal arises at the behest of the writ petitioners in WPA No.12900 of 2014, assailing the judgment of the Writ Court dated February 20, 2025, whereby the writ petition was dismissed, being not maintainable and devoid of any merit, with costs of Rs.1,00,000/-.
2. In the writ petition, the primary relief sought was a writ in the nature of mandamus commanding the respondent-Authorities from giving any effect or further effect to a lease deed executed by the West Bengal Industrial Development Corporation Limited (WBIDCL) in favour of one Ganapati Flour & Foods (P) Ltd. and commanding the respondent-Authorities not to acquire the land of the writ petitioners for developing the Vidyasagar Industrial Park, for setting up manufacturing industries and commanding the respondents not to set up any flour mill/Atta mill accessories, spare parts and wheat products manufacturing unit on the petitioners’ land. Ancillary relief of injunction was also sought.
3. The genesis of the case was a Notification dated November 27, 2006 published in the Official Gazette under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as “the LA Ac
The court upheld that land acquisition for public purpose, as defined under the Land Acquisition Act, was valid despite petitioners' claims of private benefit and procedural violations.
Acquisition of Land - Compensation - It is settled that the forum of writ petition is not as a matter of right or an appellate forum but is an extra ordinary remedy provided to check miscarriage of j....
An argument to contrary blurs boundary lines of schemes of acquisition envisaged under these statutes and thus, runs counter to scope of section 28 of 1966 Act.
The main legal point established is that the acquisition for public purposes and industrial expansion is justified under the Land Acquisition Act, 1894, and the objections of the affected parties mus....
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