M/S. KHUSHAGRA INFRASTRUCTURE PVT. LTD. AND ANR. Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2017-6-214
HIGH COURT OF CALCUTTA
Decided on June 20,2017

M/S. Khushagra Infrastructure Pvt. Ltd. And Anr. Appellant
VERSUS
The State of West Bengal and Ors. Respondents




JUDGEMENT

R.K.BAG,J. - (1.)The petitioners have filed this writ petition praying for direction upon the respondents to pay compensation for acquiring the land of the petitioners under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Land Acquisition Act of 2013), if the said land is not declared as the land of the petitioners in this writ petition.
(2.)M/s. Dinodia Infrastructure Private Limited, a company incorporated under the provisions of the Companies Act, 1956 purchased 3.8 acres of land appertaining to plot no. 531, Khatian no. 819-823, Mouza - Nonadanga in the district of South 24 Parganas from the erstwhile owners. The name of M/s. Dinodia Infrastructure Private Limited was changed to the petitioner No. 1 under approval of the Registrar of Companies on February 7, 2011. The petitioner No. 2 is the official of the petitioner No. 1 (hereinafter referred to as the petitioner company).
(3.)The land of the petitioner company was acquired under the provisions of the West Bengal Land Development and Planning Act, 1948 on the basis of proposal of the Refugee, Relief and Rehabilitation Department, Government of West Bengal for settlement of immigrants who migrated to West Bengal. The notification under Section 4 of the West Bengal Land Development and Planning Act, 1948 was issued in connection with the land of the petitioner company on May 12, 1955 and the declaration under Section 6 of the said Act was published in the Calcutta Gazette on December 6, 1956. The possession of the said land was taken over by the State on January 15, 1957 as reflected from the certificate of possession made over to the parties by the authority concerned (Annexure R-4 to the report submitted by the respondent No. 2). It appears from the Annexure R-3 to the report submitted by the respondent No. 2 that the award was made in the year 1968, but the compensation on the basis of the award could not be paid to the owners of the land due to the order passed by this Court in C. R. No. 563(W) of 1968. The State made an attempt erroneously for acquiring 0.52 decimals of land appertaining to plot no. 531, Mouza - Nonadanga in the district of South 24 Parganas, by issuing notification under section 4 of the Land Acquisition Act, but the said notice was subsequently withdrawn as erroneous as reflected in the report submitted by the respondent No. 2.
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