Original Proerties Advisory (Pvt) Ltd v. State Of West Bengal And ORS.

26.07.2021 26.07.2021 Ct. No.10 b.das W.P.A. 10894 of 2021 (Via Video Conference) Original Properties Pvt. Ltd.

Vs.

The State of W.B. & Ors.

Ms. Micky Chowdhury ...for the petitioner.

Mr. Chandi Charan De ....for the State.

Heard the parties.

The grievance of the petitioner is directed against a wrongful and illegal acquisition of the subject premises by the State respondents.

It is submitted on behalf of the petitioners that an unacquired portion of the subject premises is in the possession of the State respondents.

Mr. De appearing on behalf of the State respondents submits that the subject premises had been acquired under lawfully initiating proceeding under the Land Acquisition Act in LA-4/21 of 1998-99. The subject premises had been acquired for Rajarhat New Township project which had taken place in the year 1999. Subsequently, an award has also been declared in respect of the aforesaid acquisition and a number of co-sharerers had been paid their entire compensation. In fact

possession of the subject premises was also handed over on 3rd November, 2000.

It is further submitted on behalf of the State authorities that the petitioner had purchased the subject premises on 7th August, 2012 i.e, after the acquisition. In view of the fact that the petitioner is a post acquisition transferee and the subject premises had been acquired as far as back in 1999, I am of the view, that there is no merit in this petition. Accordingly, WPA 10894 of 2021 is dismissed. However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Ravi Krishan Kapur, J.)