AKRITI VYAPAAR PRIVATE LIMITED & ORS. Vs. THE KOLKATA MUNICIPAL CORPORATION & ORS.
LAWS(CAL)-2016-1-64
HIGH COURT OF CALCUTTA
Decided on January 05,2016

Akriti Vyapaar Private Limited And Ors. Appellant
VERSUS
The Kolkata Municipal Corporation And Ors. Respondents

JUDGEMENT

ARIJIT BANERJEE, J. - (1.) The undisputed facts of the case are as follows.
(2.) The petitioners Nos. 1 to 8 all being Private Limited Companies, are the owners of premises No. 224, Briji East Kolkata, measuring approximately 49 cottahs equivalent to 3283.91 Sq. Meters. (hereinafter referred to as the ''said premises ''). The petitioner No. 9 is a director of the petitioners Nos. 1 to 8.
(3.) On 9th June, 2013, a notification under Section 7(3) of the Metro Railways (Construction of Works) Act, 1978, was published in the Gazette of India: Extraordinary, for acquisition of certain lands which included a portion of the said premises to the extent of 1428.30 Sq. Meters. It may be noted that under Section 6 of the said 1978 Act, where it appears to a Metro Railway Administration that for the construction of any metro railway or any other work connected therewith, any land, building, street, road or passage or any right of user or any right in the nature of easement therein is required for such construction or work, it may apply to the Central Government for acquiring such land, building, street, road or passage or such right of user or easement. Under Section 7 of the said Act, on receipt of an application under Section 6, the Central Government, after being satisfied that the requirement mentioned therein is for a public purpose, may, by notification in the Official Gazette, declare its intention to acquire the land, building, street, road or passage or the right of user, or the right in the nature of easement therein referred to in the application. The competent authority shall cause the substance of the notification to be published in such places and in such manner as may be prescribed.;


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