Acquisition and Change of Land Use Legally Valid; Project to Proceed Without Hindrance – Calcutta High Court Rules on West Bengal Land Acquisition Case

In a landmark decision dated May 9, 2024, the Calcutta High Court dismissed multiple writ petitions challenging the acquisition of land and its subsequent use change from industrial to residential development in West Bengal. The Bench, comprising Hon’ble Chief Justice T.S. Sivagnanam and Hon’ble Justice Hiranmay Bhattacharyya, concluded that the acquisition and project development adhered to all statutory and procedural requirements, ruling out any relief for the petitioners.

The petitions revolved around the interpretation of key legislative frameworks including the Land Acquisition Act, 1894, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The primary legal contention addressed was the validity of the land acquisition for a state project concerning compensation issues and the procedural compliance required under various state acts.

The Court confirmed the validity of the acquisition process and the subsequent land use change, asserting that the modifications were in compliance with the necessary statutory provisions. The judgment noted:

Compliance with Legal Frameworks: The acquisition process complied with the Land Acquisition Act, 1894, and was in line with the interpretations provided by the Supreme Court concerning Section 24 of the 2013 Act. Specifically, the court referenced the Supreme Court’s decision in Indore Development Authority v. Manoharlal, which clarified aspects of compensation and possession under the land acquisition statutes.

Change of Land Use Justified: The alteration of land use from industrial to housing development was held to be permissible under the West Bengal Industrial Infrastructure Development Corporation Act, 1974, and aligned with the notifications issued under the West Bengal Town and Country Planning and Development Act, 1979.

Public Interest and Development: The Court recognized the public interest in the state’s developmental project which aims to include housing, educational institutions, and infrastructural enhancements. This development was not deemed a misuse of the acquired land.

Concluding the judgment, the Court dismissed all writ petitions and lifted any interim orders that had previously stalled the project. It directed the West Bengal Housing Infrastructure Development Corporation Limited (HIDCO) and other relevant authorities to proceed with the project expeditiously.

This ruling is significant as it reaffirms the state’s authority in land acquisition for public purposes and clarifies the legal standing of change in land use post-acquisition under state laws.

Date of Decision: May 9, 2024

Shanti Ganatantra Sanghati Mancha and Others vs. The State of West Bengal and Others