Securing Full Compensation In The Ganga Action Plan Case

Mr. X was the owner of land in Nadia District. The Collector initiated a proceeding under the West Bengal Land (Requisition & Acquisition) Act, 1948 (since expired) in connection with the Ganga Action Plan. The possession of the land was taken over by the Collector in 1989 upon issuing an order under Subsection (1) of Section 3 of the West Bengal Land (Requisition & Acquisition) Act, 1948. During the proceeding, the 1948 Act was repealed, and the West Bengal Land (Requisition & Acquisition) Amendment Act, 1994, came into force. However, the life of the previous act was extended up to March 31, 1997.

During this period, the Collector neglected to pass the award, causing the procedure to lapse. Mr. X noted that the Collector was not taking any steps for payment and moved an application under Article 226 of the Indian Constitution before the Hon’ble Court.

As per the court order, the writ petition was disposed of without further orders, with the expectation that the Collector would take appropriate steps to pass the award under the previous act and make the payments to Mr. X accordingly.

The award was eventually passed, and Mr. X received some amount from the Collector. Mr. X also inquired if any award was passed on his other property and was informed that an award had been passed, but he did not receive any compensation for it. The Collector did not take any initiative or appropriate steps for this either, and such inaction was deemed illegal and arbitrary in nature.

Solution

Kshetry and Associates, led by Senior Advocate Rajesh Kshetry, provided an adequate and concise solution for Mr. X. The primary demand was to secure full compensation from the state for both parcels of land owned by Mr. X. The following steps were taken:

1. Demand for Full Compensation:

Kshetry and Associates put forward the demand for compensation for both lands of Mr. X in front of the court under the rule of Mandamus. This legal remedy was sought to compel the Collector to perform the duty of awarding the due compensation.

2. Court Appearance:

On behalf of Mr. X, they demanded that under the rule of Certiorari, the respondent (the Collector) should be present in front of the Hon’ble Court of Law to provide concise justice to the client.

3. Legal Prayers:

It was prayed before the Hon’ble Court that the order provided to the respondent should be deemed fit to serve justice to Mr. X. This included rectifying the negligence and ensuring that Mr. X received all the compensation he was rightfully owed.

Outcome

The Hon’ble Court recognized the negligence and arbitrary nature of the Collector’s actions and ruled in favour of Mr. X. The court directed the respondent to take immediate steps to ensure full compensation was awarded and paid to Mr. X for both parcels of land.

Advocate Rajesh Kshetry’s strategic legal approach and relentless pursuit of justice ensured that Mr. X received the full compensation he deserved for his lands. This case highlights the importance of diligent legal representation in holding state authorities accountable and securing rightful compensation for affected landowners. Through their expertise, Kshetry and Associates successfully navigated the complexities of the case, ensuring that Mr. X’s rights were upheld and justice was served.