WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Vs. STATE OF WEST BENGAL
LAWS(CAL)-2010-5-144
HIGH COURT OF CALCUTTA
Decided on May 18,2010

WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Jayanta Kumar Biswas, J. - (1.) The art. 226 petition dated July 7, 2006 was filed questioning the award of the Judge, L.A.Tribunal & Principal Court of Original Jurisdiction, Birbhum, Suri dated June 20, 2001, Annexure P2 at p.27, in L.A.Case No.158 of 1999 increasing the amount of compensation determined by the collector in the land acquisition case. Feeling aggrieved by the award made by the collector, the third and fourth respondents submitted an application under section 18 of the Land Acquisition Act, 1894 and consequently the matter was referred by the collector for decision of the court as to objection to the amount of compensation.
(2.) The land in question was acquired for the West Bengal State Electricity Board that needed it for erecting a substation. Though it was likely to be affected by the award of the reference court, it was not made a party to the reference case, and the impugned award was made increasing the amount of compensation behind its back. Feeling aggrieved it filed the art.226 petition.
(3.) During pendency of the petition everything owned and possessed by the board vested in two companies: the West Bengal State Electricity Distribution Company Limited and the West Bengal State Electricity Transmission Company Limited. But no step was taken for substitution.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.