Land Acquisition And Compensation Dispute of Ms P

Background

The predecessor-in-interest of Ms. P purchased a piece of land, which was duly recorded in the relevant records to reflect ownership and title rights. Subsequently, a portion of this land was requisitioned by the respondent, leading to two separate acquisitions under the West Bengal Land (Acquisition and Requisition) Act, 1948.

Timeline of Events

1. Initial Acquisition:
   • Two separate acquisitions were initiated to acquire the land.
   • An award of compensation was allegedly passed but not communicated to Ms. P.
   • The land was acquired, and possession was delivered to the respondent state authorities.
   • The case was then transferred to the Land Acquisition Act, 1894, and an award was declared.
2. Petition for Compensation:
   • Ms. P requested a ‘No Objection Certificate’ to claim the compensation due to her predecessor.
   • She filed a petition under Article 226 of the Indian Constitution, seeking disbursement of compensation for the acquired property.
   • The Hon’ble Court directed the collector to address Ms. P’s representation and pass necessary orders after a hearing.
3. Court Proceedings:
   • The court directed the collector to issue an order stating that an award had been passed for both properties.
   • Ms. P filed another petition under Article 226, requesting the withdrawal of the collector’s order and seeking additional reliefs.
   • The Hon’ble Court set aside the previous order and instructed the authorities to disclose the particulars of the acquisition and compensation.
4. Final Resolution:
   • The collector, complying with the court’s decision, passed a fresh order.
   • The authorities allotted the compensation at market value in favor of Ms. P, as directed by the court.

Solution

After numerous unsuccessful attempts, Ms. P approached advocate Rajesh Kshetry for legal assistance. Utilizing our knowledge and expertise, we were able to help Ms. P secure the justice she deserved. The court directed the authorities to initiate the payment procedure and compensate Ms. P for the acquired land.

Conclusion

This case underscores the complexities involved in land acquisition and the importance of legal intervention to ensure rightful compensation. Rajesh Kshetry played a crucial role in advocating for Ms. P, ensuring she received the compensation she was owed.