Holding possession of any land of the citizen without making payment of compensation is a continuing wrong – Calcutta High Court Orders Re-notification of Acquisition Under 2013 Act
In a landmark judgment delivered by the High Court of Calcutta on the appellate side, the court addressed a writ petition involving the acquisition of land under outdated legislative acts, directing a fresh notification under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, to resolve long-standing issues regarding compensation.
Legal Point Brief: The case revolved around the failure of the state to complete the acquisition process initiated under the West Bengal Land (Requisition and Acquisition) Act, 1948, and the subsequent non-payment of compensation following the expiry of the Act and the repeal of the Land Acquisition Act, 1894, by the 2013 Act.
Facts and Issues: The petitioner, Jhantu Mandal, sought restoration of land and overdue compensation for plots requisitioned in 1983 under the 1948 Act, where no acquisition award was made. The contention was centered on the non-completion of acquisition proceedings and failure to pay compensation despite the statutory amendments and repeals over the years.
Court’s Assessment:
Jurisdiction to Hear the Writ: The court noted the delay in filing the writ petition but justified hearing it on the grounds of “continuing wrong,” citing that possession taken without compensation constitutes a perpetual source of injury, allowing judicial intervention irrespective of the delay.
Validity of Acts: The court highlighted that with the expiration of the 1948 Act and the repeal of the 1894 Act by the 2013 Act, no legal basis remained for the state to withhold the land without completing the acquisition process or paying compensation.
Direction for Re-notification: Justice Partha Sarathi Chatterjee ordered that the acquisition be re-notified under the provisions of the 2013 Act, emphasizing that this step was necessary to rectify the ongoing wrongs committed by failing to provide compensation to the landowner.
Reliance on Precedents: The judgment referenced several precedents emphasizing the necessity of adhering to the principles of fair compensation and transparency in land acquisition processes, particularly under the new legal framework established by the 2013 Act.
Decision: The court disposed of the writ petition by directing the Collector to re-notify the acquisition in accordance with the 2013 Act and to determine and pay compensation expeditiously within six months.
Date of Decision: May 9, 2024
Jhantu Mandal -Vs- The State of West Bengal & Ors.
