Facts :-

X was the owner of a land in Nadia District. The collector being the other party initiated a proceeding under West Bengal Land (Recongonition & Acquisition) Act. 1948 (Since expired) in connection with the Ganga Action Plan. 

The possession of the land was taken over by the collector somewhere in 1989 upon issuing an order under Sub Section (1) of section 3 of West Bengal Land (Requisition & Acquisition) Act, 1948. During the proceeding, the act of 1948 was repealed and West Bengal Land (Requisition & Acquisition) Ammendment Act 1994 came into force. However, the life of the previous act was extended upto 31st March 1997. 

During this time also the collector neglected to pass the award and hence the procedure stood lapsed. 

X mentioned that the collector was not taking any initiative or steps for the payment and hence, X moved  an Application under Article 226 of the Indian Constitution before the Hon’ble Court. 

As per the court order, the Writ Petition was disposed off and without passing further orders with the hope that the collector woiuld take appropriate steps in order to pass the award under the previous act and make the paymwnts to X accordingly.

The award was passed and X received some amount from the collector. X also inquired if any award was passed on his other propert to which he was infoirmed that the same was passed, but X did not receive any compensation for that. The collector was not taking anny initiative and appropriate steps for the same either and hence neglected it. Hence such action stands as illegal and arbitrary in nature.

Solution :-

Regarding this case of X, Khetry and Associates provided adequete and concise solution wherein the demand to fully compensate our client by the state was our main priority. Hence, the demand for compensation for both the lands of Mr. X was put forward in front of the court under the rule of Mandamus. Moreover, we also demanded on behalf of our client that under the rule of Certiorari  that the other party should be present in front of the Hon’ble Court of Law in order to provide concisable justice to the client. And lastly, it was prayed upon in front of the hon’ble Court that the order provided to the respondednt shall deem fit in order to serve justice to our client.

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