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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Saregama India Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SABYASACHI BHATTACHARYYA, J.
1. The starting point of the present narrative is an application by the writ petitioner Saregama India Limited (previously, the Gramophone Company Limited) under Section 4C of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as “the 1955 Act”) for conversion of the subject plot for the purpose of residential and commercial user. The said application gave rise to Miscellaneous Case No.01 of 2020 before the First Authority, that is the Additional District Magistrate and District Land and Land Reforms Officer (DL & LRO), North 24 Parganas at Barasat, who, vide Order No.4 dated October 14, 2020, disallowed the said application for conversion on the ground that the writ petitioner is a lessee of the plot-in-question within the contemplation of Section 4B of the 1955 Act and is not entitled to seek such conversion, which right is available only to raiyats.
2. The brief backdrop of the case is that a total property comprised of 16.9 acres of land with structure, partially used as factory/workshop of the petitioner-company, was owned by the petitioner at the time when the West Bengal Estates Acquisition Act, 1953 (for short, “the 1953 Act
The main legal point established in the judgment is the interpretation and application of the provisions of the West Bengal Estates Acquisition Act, 1953, and the West Bengal Land Reforms Act, 1955, ....
The non-agricultural tenant is exempted from the vesting provisions of the West Bengal Estates Acquisition Act, 1953, confirmed by the retrospective effect of Section 3A of the West Bengal Land Refor....
Exchange of the land transferred to a post vesting transferee - EA Act does not provide for any exchange mechanism.
The central legal point established in the judgment is the requirement for a petitioner to have a legal right or interest in the subject matter to challenge a decision, as determined by the court's i....
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