Shivani Thakur
Published on: May 27, 2022 at 19:15 IST
The Calcutta High Court has observed that since the Right to Property is a valuable right guaranteed under Article 300A of the Constitution of India, merely on the ground of delay the State cannot deny its obligation to provide compensation for land acquisition.
A Bench comprising Justice Arijit Banerjee and Justice Kausik Chanda was adjudicating upon an Appeal against a decision by a Single Judge bench wherein the Writ Petition of the Appellants had been dismissed.
It was prayed that, the Respondent authorities be directed to acquire the land of the Appellants and to pay compensation in terms of the Land Acquisition Act, 1894.
The Bench observed, “We are, however, of the opinion that there might be some delay on the part of the petitioners in approaching this Court, but since the right to property is a valuable right flowing from Article 300A of the Constitution of India, merely on the ground of delay the State cannot deny its obligation to compensate the petitioners.”
The State in its Affidavit had admitted that, the Appellants are the “patta” holders in respect of the vested land of the State.
The Court opined that the possession of lands was taken in the year 1993 without any acquisition as the acquisition proceeding was revived only in the year 1999 by the issuance of a notice under Section 9(3A) of the Land Acquisition Act, 1894 as amended by the West Bengal State Amendment Act.
The Appellant had approached the court in 2005. The Court ruled, “We are of the opinion that justice will be sub-served if the State is directed to pay compensation to the appellants as has been paid to the similarly circumstanced persons whose lands have been acquired and who have been paid compensation following the L.A. Case No. 4/34 of 1999-2000.”
The Court ordered that if the answers are found in the affirmative, the State shall pay compensation to the Appellants along with all Statutory benefits within a period of two months from the date of communication of this order treating it as a case of deemed acquisition.