Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 4 and 5 - Land acquisition for development of Calcutta - Property handed over to Development Corporation 1948: ss. 3 West Bengal Land (Requisition and Acquisition) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | West Bengal Land (Requisition and Acquisition) Act, 1948: ss. 3, 4 and 5 - Land acquisition, for development of Calcutta - Property handed over to Development Corporation - Property requisitioned in year 1979, by issuance of notification u!s. 3( I) - Requisitioned continued for long for 14 years - Challenge to - In writ petition,. Single Judge of the High Court by order dated · 10.03.1993, did not quash notification issued u/s. 3( 1) but directed the authorities to acquire the properties within 6 months and if the authorities did not acquire the property within the time specified, the Land Acquisition Collector to release the property under requisition and restore the possession to the petitioner - Thereafter, some delay in initiating the land acquisition proceedings - l5suance of notification u!s. 4( /)(a) for acquisition of premises - However, the Division Bench held that requisition ·u/s. 3( I) deemed to have been lapsed, as such acquisition was illegal ~ Held: To enforce an order it should be effective on date mandamus is sought to be enforced - ft can be interdicted by another order or by statutory intervention - By virtue of s. 6, until and unless r~lease order is passed and delivery of possession pursuant thereto takes place, the requisition would continue - In the instant case, court had not quashed the order of requisition and has not ordered that on lapse of 6 months period granted for acquisition and further period of 6 months property shall stand derequisitioned - Direction was issued to the L.A.C. to release the property from requisition - There was no automatic consequence of the de-requisition on lapse of specified time - Thus, if the property had not been released u/s 6 obviously the requisition continued and statutory power of acquisition could have been exercised - Requisition continued until the date of acquisition notification and there was no time limit for initiation acquisition - It is not a case that order was void but statutory powerhas been exercised - As statutory power has been exercised, thestatutory action is not stifled by the order of the court - Thus, theDivision Bench of the High Court erred in law in quashing theacquisition - Order passed by the Division Bench set aside andthat of the Single Bench is restored. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2017 INSC 1045 |
Petitioner | Kolkata Metropolitan Development Authority |
Respondent | Pradip Kumar Ghosh & Others |
SCR | [2017] 10 S.C.R. 229 |
Judgement Date | 2017-10-24 |
Case Number | 461 |
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