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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Mariam Ahmed and Another (Sk. Nasiruddin Ahmed, since deceased) – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeals have been preferred respectively by the State and the land losers in an acquisition proceeding under the West Bengal (Requisition and Acquisition) Act, 1948 (for short, “Act-II of 1948”), against the self-same judgment passed on the land losers' writ petition, being aggrieved by different portions of the said judgment.
2. The short backdrop of the case is as follows;
3. The subject-plot was requisitioned vide LA Case No.15 (Act-II) of 1987-88 by the State of West Bengal for construction of a Telephone Exchange and Tower by the Calcutta Telephones. The concerned order of requisition was passed on April 6, 1988 and possession was taken subsequently in the month of April, 1988 itself, except a 90 Sq.ft.structure.
4. Subsequently a notice of acquisition of the said plot under Section 4(1a)of Act-II of 1948, dated July 30, 1993, was published on September 27, 1993.
5. Initially a writ petition bearing WP No. 4122 of 1988 was filed against the same by the land losers, which was dismissed since an erroneous plot number was mentioned.
6. A subsequent writ petition bearing WP No. 10985(W) of 1999,also filed by the land losers, was disp
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.
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....
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 acquisition proceedings under the Land Development and Planning Act lapsed; fresh proceedings must be initiated for compensation assessment, reaffirming the limited applicability of the Land Acqu....
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