Calcutta High Court Declares Lapsed Land Acquisition Proceedings in West Bengal; Orders Fresh Assessment under Act of 2013

High Court at Calcutta, presided over by the Hon’ble Justice Partha Sarathi Chatterjee, has ruled that the prolonged land acquisition case involving lands in Mouzas Natagarh, Sodepur, and Ghola has lapsed due to the failure to declare an award within the stipulated timeframe. The court directed a fresh acquisition and compensation assessment under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013.

The case, WPA 16342 of 2022, represented by Mr. Debayan Bera and Mr. Sakti Prasad Chakrabarti for the petitioners, and Mr. Chandi Charan De and Mr. Anirban Sarkar for the State, has a long history of litigation and administrative delays. The original acquisition proceedings under the Land Development and Planning Act, 1948, aimed at resettling migrants, remained incomplete without any declaration of award, sparking decades of legal battles for rightful compensation.

In his judgment, Justice Chatterjee observed, “The acquisition proceedings under the Act of 1948 have lapsed.” He further noted, “As per the ratiocination of this judgment, the provision of Section 11A of the Act I of 1894 has been included in the Act of 1948.” This pivotal observation aligns with the Supreme Court’s decision in State of West Bengal & Ors. Vs Aziman Bibi & Ors., which applied Section 11A of Act-I of 1894 to such cases.

The court’s decision invalidates the previous compensation assessments and directs the respondent to initiate new acquisition proceedings. The judgment emphasizes the necessity to adhere to the legal provisions for timely completion of land acquisition processes and fair compensation. It also signifies a move towards more transparent and just procedures in land acquisition cases.

Date of Decision: 01 December 2023

Pabitra Kumar Dutta & Ors. Vs. The State of West Bengal