Case Law Details
Burdwan Development Authority & Anr Vs State of West Bengal & Ors (Calcutta High Court)
Calcutta High Court held that the land once vested with State cannot be derequisitioned nor any further acquisition proceedings lie under the Land Acquisition Act, 1894.
Facts- Learned Additional Government Pleader appearing for the State submits that, the land in question was acquired by a proceeding initiated under the Land Acquisition Act, 1894 for a public purpose at the instance of the requiring body namely BDA. He contend that, the possession of the entirety of the land, including the plots involved in the seven writ petitions filed by the writ petitioners, were taken on April 2, 2007. Therefore, he contends that, since the possession of the land being taken and award thereof being published, the land stood vested with the State. According to him, the question of divesting the land involved in the writ petitions does not arise.
Conclusion- Held that we find from the records that, NHAI issued a notification under Section 3C of the Act of 1956 did not proceed to include the plots involved in the subsequent notification under Section 3D of the Act of 1956. NHAI, therefore, corrected themselves with regard to the plots concerned. Land once vested with State cannot be derequisitioned nor any further acquisition proceedings lie. In the present case, land stood vested under the Act of 1894 and as such revocation of the Act of 1956 was non-est. No right flows from the revocation of the Act of 1956.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
