Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition Act, 1894: Notification issued under s.4 for acquiring land for public purpose for setting up the Satellite Township for Burdwan Town at public expenses – After the declaration was published under s.6, an unregistered MoA was executed by the BDA with Bengal Shrachi who was chosen in a bid process amongst some other companies for development of lands acquired under a public private partnership – Land acquisition collector declared award – The said amount was paid by BDA – Thereafter, the state government took over possession of the lands from the farmers and handed it over to BDA and BDA handed it over to Bengal Shrachi – In the meantime, at the instance of the landowners, references were successfully made to reference court wherein compensation was enhanced from Rs.5.8 lacs to Rs.35 lacs – Feeling aggrieved and dissatisfied with the common judgment and order passed by the Reference Court, at the instance of the BDA, four appeals are pending before the High Court – Feeling aggrieved and dissatisfied with the judgment and award passed by the Reference Court, the appellant Shrachi Burdwan filed a Writ Petition before the High Court challenging the judgment and award passed by the Reference Court enhancing the amount of compensation – Maintainability of writ petition – Held: Appellant was not a party to the Reference proceedings – The locus of the appellant was seriously disputed on behalf of the landowners/ claimants and it was seriously disputed whether the appellant can be said to be a ‘person interested’ within the definition of s.3(b) of the LA Act – In the facts and circumstances of the case and more particularly when the locus of the appellant to challenge the judgment and award passed by the Reference Court is seriously disputed and whether the appellant can be said to be a ‘person interested’ within the definition of s.3(b) of the LA Act and thereby the appellant can challenge the judgment and award passed by the Reference Court enhancing the compensation are all disputed questions of facts and are all contentious issues, High Court ought not to have entertained the writ petition under Art.226 and ought not to have set aside the judgment and award passed by the Reference Court enhancing the amount of compensation under the provisions of the Land Acquisition Act – The remedy available to the appellant would have been to prefer appeal before the High Court with application for leave to appeal. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 620 |
Petitioner | Shrachi Burdwan Developers Private Limited |
Respondent | The State Of West Bengal & Ors. |
SCR | [2021] 13 S.C.R. 923 |
Judgement Date | 2021-10-05 |
Case Number | 5856 |
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