Advocate Rajesh Kshetry Secures Restitution and Compensation in Elevated Reservoir Land Dispute

The case of Mr. S & Ors Vs The State of West Bengal through Secretary, Dept. of Land & Land Reforms/Collector Howrah P.O. & P.S./ Addl. Dist. Magistrate/Special Land Acquisition Officer/Addl. Land Acquisition Officer & Executive Engineer Public Health Engineering, Howrah Division, was litigated by Advocate Rajesh Kshetry. He was handling the case on behalf of the petitioner Mr. S & Ors.

What is the issue?

The issue was that Mr. S & Ors were the owners of R.S.  Plot  Nos. 3955, 4143 and 4144, J.L. No. 33, Mouza Domjur, P.S. Domjur, Dist. Howrah. The respondents had requisitioned the land for the purpose of construction of an Elevated Reservoir and Allied Work in Zone IV in connection with the Piped Water Supply Scheme.

As per Land Acquisition Case No. 2, (Act II) of 1977-78 of The West Bengal (Requisition and  Acquisition) Act had lapsed, and no award was made within the stipulated mandate, the respondent had to return back the possession of the above land to the petitioners with rental changes as mentioned in West Bengal (Requisition and Acquisition) Act.

Solution:

The legal quagmire dates back to 1978, revolving around the land owned by Mr. S & Ors. Spanning R.S. Plot Nos. 3955, 4143, and 4144, J.L. No. 33, Mouza Domjur, P.S. Domjur, Dist. Howrah, the West Bengal (Requisition and Acquisition) Act, played a pivotal role in determining the rights of the petitioners. The respondents’ requisition of the land for the construction of an Elevated Reservoir and Allied Work in Zone IV, in connection with a Piped Water Supply Scheme, sparked a contentious dispute over possession and compensation.

Amidst the legal intricacies, Advocate Rajesh Kshetry’s expertise in navigating the provisions of the West Bengal (Requisition and Acquisition) Act proved instrumental in securing justice for the petitioners. Leveraging the provisions of the Act, particularly regarding the lapse of Land Acquisition Case No. 2 (Act II) of 1977-78 and the subsequent obligation for the respondents to return possession with rental charges as stipulated in the Act, Mr. Kshetry effectively advocated for the petitioners’ rights.

Through his diligent efforts and meticulous legal arguments, Mr. Kshetry successfully persuaded the Learned Judge to pass an order in favor of the petitioners, ensuring the restitution of their land and the rightful compensation as mandated by law.

In championing the cause of the petitioners and aiding them in obtaining the claimed amount, Advocate Rajesh Kshetry demonstrated his unwavering commitment to upholding justice and advocating for the rights of the aggrieved parties. His efforts stand as a testament to the significance of legal expertise in navigating the complexities of land acquisition laws and ensuring fair treatment for landowners in accordance with the provisions of the West Bengal (Requisition and Acquisition) Act.

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