Facts of the Case :-

For the purpose of construction of girls’ hostel of a college Ms. G owned a piece of land for the same. The collector to acquire a vast area of land which also included the land for the hostel had initiated the procedure of acquiring the same in 1988 upon serving an order under section 3(1) the West Bengal Land (requisition & Acquisition) Act, 1948 (since repealed). The construction on that land has already been completed and the said construction on that land is premature in nature. Our client has only received an ad hoc payment from the collector and rest of the payment is still pending to be paid for the said piece of land.

The West Bengal (Requisition and Acquisition) Act of 1948 was repealed and in place of that, Land Acquisition (West Bengal Amendment Act) 1997 came into existence. According to that, as per sub-section 3(A) the collector shall provide a notice to all the persons related to the interested land and the date of the notice shall be considered as the date of reference for the purpose of determining the value of the land. Also, according to sub-section 3(B) on the date of publication of the notice regarding the interested land, the date of publication of such notice shall be considered as the date of reference for determining the value of such land. According to section 11, collector shall make an award in respect to such land for the purpose of payment, that is vested with the government, that is free from all encumbrances. 

The Collector therefore, did not make any payments and Hence, in respect of the same land the deceased father of Ms. G and ors. moved the application under Article 226 of the Constitution of India.

Solution :-

As to provide justice to our client, Kshetry and Associates had done a remarkable and strategic work on this case. The respondent was bound to pay a remarkable compensation as admissible under the law, to withdraw/set aside the notice to acquire the land that was provided to our client before the act was repealed and justice to be done by quashing the mentioned notice. Moreover, the respondent was bound to return back the land that was acquired as the same is an illegal and forcible occupation by the respondent under its authority which ci+constitutes as the colourable exercise of power. And Lastly, an injunction restraining the respondent to continue further with the procedure of acquiring the land.

Verdict :-

As per the order by the court, our client was bound to a fair and sizable compensation from the respondent and also the land to be returned in the name of  the petitioner alongwith it. This procedure as per the order from the court had to be completed within  a span of 14 months. Moreover, the petitioner shall not be deprived from any other benefits that the petitioner may be entitled regarding the land  under the act