The State Of West Bengal & Ors vs Keshov Prasad Shaw
2022 Latest Caselaw 4058 Cal

07.07.2022
 Item No.09
Court No.6.
    S. De
                               F.M.A. 297 of 2019
                                       With
                              I.A. No. CAN/2/2016
                           (Old No. CAN 6926 of 2016)

                         The State of West Bengal & Ors.
                                       Vs
                              Keshov Prasad Shaw.

                    Mr. Susovan Sengupta,
                    Mr. Subir Pal,
                                      ...for the appellants/State.
                    Mr. Debayan Bera,
                    Mr. Sakti Prosad Chakrabarti,
                                      ...for the respondent.

By consent of the parties, the appeal and the

connected application are taken up together for

hearing.

In this case, the learned of the writ petitioner

was acquired under the West Bengal Planning and

Land Development Act, 1948. Section 8 of that Act

provides that after publication of declaration, all the

provisions of Land Acquisition Act, 1894 shall apply.

Award was made but compensation, in stead of

being paid to the writ petitioner, was deposited with

the treasury. Relying on the decision of the Hon'ble

Supreme Court in the case of Pune Municipal

Corporation & Anr. Vs. Harakchand Misrimal

Solanki & Ors., reported in (2014) 3 SCC 183, the

learned Single Judge held that the land acquisition

proceedings had lapsed. Accordingly, the learned

Judge directed the State respondents to initiate fresh

proceedings in accordance with the Provisions of the

2013 Act. The State has come up in appeal.

During the pendency of the appeal, the

constitution Bench judgment of the Hon'ble Supreme

Court in the case of Indore Development Authority

(2020 (8) SCC 129) has been pronounced. The effect

of that judgment is that Pune Municipal Corporation is

no more good law.

Mr. Bera, learned counsel appearing for the writ

petitioner/respondent, in his usual fairness submits

that in view of the constitution Bench judgment in

Indore Development Authority, this appeal has to be

allowed. Such exemplary fairness of Mr. Bera is highly

appreciated by us.

The appeal is allowed. The order impugned is

set aside.

F.M.A. 297 of 2019 is, accordingly, disposed of

along with the application being I.A. No. CAN 2 of

2016 ( Old No. CAN 6926 of 2016).

However, we make it clear that in the event the

Hon'ble Supreme Court has occasion to reconsider the

decision in Indore Development Authority and there is

any change in the decision, the writ petitioner will be

entitled to approach the Court, in accordance with

law.

Urgent certified photostat copy of this order, if

applied for, shall be given to the parties as

expeditiously as possible on compliance with all the

necessary formalities.

(Rai Chattopadhyay, J.) (Arijit Banerjee, J.)