{"id":353977,"date":"2025-07-21T10:00:00","date_gmt":"2025-07-21T04:30:00","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=353977"},"modified":"2025-07-24T10:22:01","modified_gmt":"2025-07-24T04:52:01","slug":"supreme-court-clear-resumption-of-395acre-land-from-hindustan-motors-by-west-bengal-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/07\/21\/supreme-court-clear-resumption-of-395acre-land-from-hindustan-motors-by-west-bengal-legal-news\/","title":{"rendered":"Supreme Court dismisses Hindustan Motor\u2019s petition against resumption of 395 acres of land by West Bengal Government"},"content":{"rendered":"
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Supreme Court:<\/span> While considering the petition challenging the judgment of Calcutta High Court in Hindustan Motors Ltd. v. State of W.B.<\/span>, 2025 SCC OnLine Cal 4505<\/a>, wherein the High Court had affirmed West Bengal Land Reforms and Tenancy Tribunal\u2019s verdict upholding resumption of 395 acres of land by West Bengal Government from Hindustan Motors; the Division Bench of B.V. Nagarathna and K.V. Viswanathan, JJ., did not find any need to interfere with the High Court\u2019s reasonings, and therefore, dismissed the petition.<\/p>\n

Background:<\/h3>\n

Hindustan Motors Corporation Ltd had entered into an agreement on 23-11-1946 with the Governor of the Province of Bengal in respect of acquisition of land for the purpose of setting up of workshop and factory. The Governor of the then Province of Bengal had proceeded to acquire 530.333 acres of land in the district of Hooghly by invoking the provisions of the Land Acquisition Act, 1894<\/a> (LA Act). By a Registered Instrument dated 1-10-1948, the Governor of West Bengal had transferred and conveyed 530.333 acres of land acquired under the LA Act to Hindustan Motors Corporation Ltd. In 1950 Hindustan Motors Corporation Ltd, with the consent of the Governor of West Bengal had leased 313.44 acres out of the aggregate land of 530.333 acres, for valuable consideration in favour of the writ petitioner No. 1 for a period of 999 years for the purpose of construction of workshop and factories for the assembly and manufacture of motor vehicles and establishment of allied industries and storage of goods.<\/p>\n

Between December 2019 and March 2020 State had requested disclosure of the proposal for utilizing the 395 acres of land. By a letter in April 2022 writ petitioner no. 1 had filed a proposal with the Principal Secretary, Land and Land Reforms Department, State of West Bengal requesting for an approval to transfer 120 acres of the land out of 395 acres to one joint venture company. However, in July 2022 State of West Bengal had expressed its intention to resume the 395 acres of land<\/span>. Writ petitioner No. 1 had filed a representation dated 22-6-2022 as against that. By a letter dated 25-8-2022, State had called upon the writ petitioner No. 1 to furnish project plan for the proposed EV project detailing requirement of the land and justification with regard thereto. By an order dated 9-11-2022, State had resumed 395 acres of land<\/span>.<\/p>\n

Resumption of land by the State Government was then challenged before West Bengal Land Reforms and Tenancy Tribunal (the Tribunal), however, the Tribunal dismissed the application. Aggrieved, Hindustan Motors approached Calcutta High Court.<\/p>\n

Calcutta High Court\u2019s decision:<\/h3>\n

Perusing the petition, the Division Bench of Debangsu Basak and Md. Shabbar Rashidi, JJ., had formulated the following issues:<\/p>\n