{"id":308378,"date":"2023-12-04T16:30:24","date_gmt":"2023-12-04T11:00:24","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=308378"},"modified":"2023-12-11T15:22:26","modified_gmt":"2023-12-11T09:52:26","slug":"calcutta-high-court-directs-collector-to-issue-formal-order-of-de-requisition-scc-blog-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/04\/calcutta-high-court-directs-collector-to-issue-formal-order-of-de-requisition-scc-blog-legal-news\/","title":{"rendered":"Calcutta High Court affirms right to seek de-requisition; directs Collector to issue formal order of de-requisition"},"content":{"rendered":"
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Calcutta High Court:<\/span> In a writ petition seeking a formal order for the de-requisition of land after purchasing the same from the proforma respondents, a single-judge bench comprising of Suvra Ghosh,* J.<\/span>, distinguished the petitioner’s status as a post-vesting transferee and recognised the petitioner’s right to challenge the de-requisition process. The Court found in favor of the petitioner, emphasising that the earlier court order set aside the requisition and the subsequent attempts by the State were void ab initio.<\/p>\n

Brief Facts<\/p>\n

The proforma respondents acquired the land through purchase in 1988. The land was initially requisitioned for the development project under the West Bengal Land (Requisition and Acquisition) Act, 1948.<\/p>\n

In an earlier writ petition challenging the requisition order, the Court, vide order dated 29-04-1997, set aside the requisition but allowed authorities to proceed with acquisition through proper legal channels. Amendments to the Act of 1948 extended its operation until March 31-03-1997. Despite this, no further steps were taken by the State respondents to initiate fresh proceedings under the Land Acquisition Act, 1894<\/a>.<\/p>\n

The petitioner purchased the land from the proforma respondents in April 2022 and requested a formal de-requisition order. A dispute arose when Kolkata West International City attempted to encroach on the land, leading to a Section 144(2) application. Further investigation revealed KMDA had acquired the land and leased it to Kolkata West International City.<\/p>\n

The petitioner preferred the present writ petition seeking a formal order for the de-requisition of land in Howrah, which was originally part of the West Howrah Area Development Project.<\/p>\n

Legal Issues<\/p>\n

    \n
  1. \n

    Whether the earlier order of requisition, set aside by the court on 29-04-1997, prevents the State from making over the land to other entities?<\/p>\n<\/li>\n

  2. \n

    Whether the subsequent acquisition proceedings initiated by the State, post the Court’s order, are valid?<\/p>\n<\/li>\n

  3. \n

    Whether the petitioner, as a post-vesting transferee, has the right to challenge the acquisition proceedings?<\/p>\n<\/li>\n<\/ol>\n

    Parties’ Contentions<\/p>\n

    The petitioner contended that the earlier requisition was set aside by the Court, and the State failed to initiate fresh proceedings. It was stated that the land was purchased legally in 2022 and therefore, the petitioner is entitled to a de-requisition order.<\/p>\n

    The State and other respondents argued that the plots were acquired and vested in the State, and the petitioner is a post-vesting transferee with no standing to challenge the acquisition.<\/p>\n

    The KMDA highlighted the inordinate delay in filing the writ petition and asserted that the petitioner is a post-vesting transferee.<\/p>\n

    Legal Principles<\/p>\n