Judgment Search Results Home > Cases Phrase: land acquisition west bengal amendment act 1997 Page 1 of about 22,307 results (0.296 seconds)

Jiban Kumar Ghosh and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

..... on may 2, 1997 the land acquisition (west bengal amendment) act, 1997 was enacted which came into force with effect from june 4, 1997 giving its retrospective effect on and from april 1, 1997 to revive the pending acquisition proceedings under the repeal act of 1948. ..... the legislature further amended the acquisition law being the act of 1894 by west bengal amendment. ..... in 1960, the land acquisition collector requisitioned the said land for the ultimate purpose of acquisition under the west bengal land (requisition and acquisition) act, 1948 for the purpose of construction of raising and straightening jagat khali food protection ..... the sections are set out below:(3a) the collector shall also serve notice to the same effect on all such persons known or believed to be interested in any land, or to be entitled to act for persons so interested, the possession whereof has already been taken on requisition under section 3 of the west bengal land (requisition and acquisition) act, 1948 (west ben. ..... act 2 of 1948) (hereinafter referred to in this section as the said act), as re-enacted by the west bengal land (requisition and acquisition)) re-enacting act, 1977 (west ..... legislature subsequently enacted a law namely the west bengal land (requisition and acquisition) act, 1994 giving its effect on and from march 31, 1994 by which section 3 of the said act of 1948 was omitted. ..... new sections were introduced by the said amendment in the land acquisition act of 1894 being section 9(3)a and 9(3)b. .....

Biswanath Naskar Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (1999)1CALLT466(HC)

..... grievance of the petitioner is that the land acquisition (west bengal amendment act) 1997 came into force on and from 2nd may, 1997. ..... it is salient to mention that the proviso added to section 4 of the amended provision of the west bengal amendment act, 1997 postulates that in respect of acquisition of land referred to in sub-section 3(a) and 3(b) that award shall be made within a period of two years from the date of issue of public notice under ..... the same has incorporated amendment of section 9 in the earlier act of 1894 as a result of which in section 3 of the amended act, the amended provisions have been superadded and the said section 3 has been divided into two categories, namely, sections 3a ..... so far 33 other petitioner for injunction preferred by the west bengal housing board in view of the order passed in the earlier applications, no fresh order need by passed on the ..... it can be reasonably inferred from the said submission that the stage is over for compliance of section 16, if that is so, then the lireslstable effect of acquisition being effected under section 3 of the parent act followed by publication under section 4 shall result in possession being already taken on requisition. ..... this proposed notice as introduced under the amended provisions of the act as it has nexus only with regard to publication of award under section 18 and no award can be published unless such notice is duly served on the person interested and effected and they must be given due opportunities .....

Smt. Mandodori Bhakat and Others Vs. the State of West Bengal and Othe ...

Court : Kolkata

..... 2 (2) of the west bengal land acquisition laws (amendment and validation) act, 2011 wherein following proviso has been added to the second proviso of sub-section 3 (b) of section 9 of the land acquisition act, 1894 :- provided also that in respect of acquisition of land made in accordance with the provisions of law in force prior to coming into force of the land acquisition (west bengal amendment) act, 1997 (hereinafter referred to as the said act) and subsequently notice issued and published under sub-section (1a) of section 4 of the west bengal land (requisition and acquisition) act, 1948, as re-enacted by the west bengal land (requisition and acquisition) re-enacting act, 1977, but ..... lapsed, such notice shall be deemed to be valid and the process of acquisition shall be concluded within the british .....

State of West Bengal and ors. Vs. Sabita Mondal and ors.

Court : Kolkata

Reported in : 2008(3)CHN226

..... was the situation till march 31, 1997 when a new act being the land acquisition (west bengal amendment) act 1997 came into force. ..... the proceeding could be lapsed in terms of section 7a of the 1996 amending act; the amending act of 1997 came into force from may 2, 1997 and by virtue of section 54a all the proceedings pending were deemed to have been pending under the land acquisition act, 1894 (hereinafter referred to as the act of 1894). ..... in 1996 the west bengal land (requisition and acquisition) (amendment) act, 1996 came into force by which a new section was incorporated in the parent act of the act ii by incorporating section 7a which is set out as ..... 1994 the legislature amended the said act by the west bengal land (requisition and acquisition) (amendment) act, 1994. ..... -section (1) of section 1 it is stipulated, 'this' act may be called the west bengal land (requisition and acquisition) (amendment) act, 1996.27. ..... not made within the period as aforesaid, the said notice shall lapse:provided that in a case where the said notice has been published more than two years before the commencement of the west bengal land (requisition and acquisition) (amendment) act, 1994, (west ben. ..... proviso to section 7a it was provided that in a case where the said notice has been published more than two years before the commencement of the west bengal land (requisition and acquisition) (amendment) act, 1994, the award shall be made within a period of one year from the date of commencement of 'that' act. .....

Niva Halder and ors. Vs. the State of West Bengal and ors.

Court : Kolkata Appellate

..... 1-14/90-91 was initiated under act-ii of 1948 for acquisition of 6.85 acres of land and the same was handed over to the refugee rehabilitation department on 28th november, 1990.i) after the lapse of act-ii of 1948, the case has been converted to land acquisition act-i of 1894 under the provision of land acquisition (west bengal amendment) act, 1997.j) one rita dey and others filed a writ-petition being w.p. no. ..... , a developer authorized by some of them to deal with the government to retrieve the land through negotiation.m) after promulgation of the 1997 amendment of the west bengal land (requisition and acquisition) act, 1948, the respondents had no legal authority to continue to hold the land of the writ-petitioners and the respondents are required to de-requisition the plot of land and hand over vacant possession to the petitioners which were requisitioned under section 3(1) of the west bengal land (requisition and acquisition) act, 1948.4. ..... it is now settled law that once requisition of the land has been admitted by the state-respondent and it has also taken decision not to acquire the land, in view of the repeal of the west bengal land (requisition and acquisition) act, 1948, there is no scope for further continuation of the requisition after the amendment of the year 1997.9. .....

Basudev Kundu and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2006)3CALLT455(HC),2006(4)CHN63

..... the petitioners are questioning the notice issued by the collector under section 9(3a) of the land acquisition act, 1894, inserted by the land acquisition (west bengal amendment) act, 1997. ..... reported at 2001 (1) chn 531, the collector was not empowered to issue the notice, since the requisition proceedings had been initiated under the west bengal land (requisition and acquisition) act, 1948, and since it was held in that division bench decision that provisions in under which the notice has been issued, were prospective in nature.3. ..... state of west bengal and ors. ..... that apart, the question raised in the present writ petition was decided by another division bench of this court in state of west bengal v. ..... he adds that without demarcating the acquired portion of the land, the collector was not empowered to mention an amount. ..... counsel says that the petitioners were prevented from entering into the office of the block land and land reforms officer. ..... the notice is then challenged, as argued by counsel, on the ground that the collector called upon the petitioners to participate in the proceedings to be conducted in the office of the block land and land. .....

Tapas Biswas Vs. Shyama Prosad Ghosal

Court : Kolkata

Reported in : (2008)4CALLT455(HC)

..... to the presidency small causes court (west bengal amendment) act xiii of 1999 by which section 18 thereof amended. ..... as controller by the state government to try the proceeding for eviction under section 6 of the west bengal premises tenancy act, 1997 but in 2005 when the said premises tenancy act was amended and the expression 'controller' used in section 6 of the said act was substituted by the expression 'the civil judge having jurisdiction' by the said amendment, the eviction proceeding which was previously tried by the controller is now required to be tried by ..... act makes it clear that the order of eviction which was passed by the controller under section 6 of the said act prior to its amendment effected in 2005, is appealable before the tribunal constituted under the west bengal land reforms and tenancy tribunal act, 1997.50 ..... before the 3rd bench, presidency small causes court, kolkata who was the additional controller at the relevant time but because of subsequent amendment of the west bengal premises tenancy act, 1997 in 2005, the additional controller ceased to have any jurisdiction to try such proceeding and after amendment of section 6 of the said act in 2005, the civil judge having jurisdiction only could have tried such suit for eviction. ..... land acquisition ..... land acquisition ..... supreme court in the said decision made a distinction between the ultimate decision passed under section 30 of the land acquisition act and the decision passed under section 49(1) of the said act. .....

Competent Authority Vs. Barangore Jute Factory and ors.

Court : Supreme Court of India

Reported in : (SCSuppl)2006(2)CHN19; RLW2006(1)SC388; 2005(9)SCALE493; (2005)13SCC477

..... 3 (iii] ---------------------------------------------------------------------------------------- brief description of land with or without structure falling within the proposed right of way in terms of sub-section (2) of section 3a of national highways laws (amendment) act, 1997. ..... we would, however, like to add that unlike section 5a of the land acquisition act, 1894 which confers a general right to object to acquisition of land under section 4 of the said act, section 3c(1) of the national highways act gives a very limited right to object. ..... the case cited is a case under the land acquisition act, 1894 which confers a general right to object to acquisition of land under section 5a. ..... while dealing with the question of brief description of land in the acquisition notifications, reference was made to some judgments of this court where acquisition notifications under section 4 of the land acquisition act had come up for consideration on account of challenge being leveled on ground of vagueness of the notifications. ..... at this stage we would like to note that the learned counsel appearing for the writ petitioners made reference to a publication in the nature of a brochure issued by the west bengal government wherein it is mentioned that motels/shops/petrol pumps etc. .....

Calcutta Metropolitan Development Authority Vs. State of West Bengal a ...

Court : Kolkata

Reported in : (2005)2CALLT141(HC)

..... it appears that under the west bengal town & country (planning & development) act, 1979 land is supposed to be acquired under land acquisition act as contemplated under section 43 thereof. ..... for the benefit of the cmda, the lands were acquired by the state government under the provisions of west bengal land (requisition and acquisition) act, 1948 (1948 act). ..... mukherjee had also relied on the report of setalbad commission on law of acquisition, 10th report, on the basis whereof section 17 of the land acquisition act amended in 1984. ..... mukherjee's argument that one cannot avail of the benefit of the land acquisition act if the 1948 act is resorted to and that one has to take the 1948 act as it is namely without section 50 of the land acquisition act since not incorporated does not seem to be of any substance on the face of the discussion we have made above. ..... he also relied on setalbad commission on law of acquisition, 10th report and pointed out that section 17 of the land acquisition act was amended in 1984 pursuant to the recommendation of the law commission. ..... , 1997(1) clj 370 by mr. s.b. ..... , 1997(1) clj 370. .....

Kolkata Metropolitan Development Authority. Vs. Gobinda Chandra Makal, ...

Court : Supreme Court of India

..... land acquisition act 1894 (`la act' for short) was amended by west bengal act 7 of 1997 (with effect from 2.5.1997) inserting sub-sections (3a) and (3b) in section 9 of la act whereby it was provided that in regard to lands possession of which had been taken on requisition under the wb requisition act, the proceedings initiated under the wb requisition act would stand converted to proceedings under la act upon ..... lands belonging to the first respondent along with surrounding lands were requisitioned by the state government under section 3(1) of the west bengal land (requisition & acquisition) act, 1948 [for short `wb requisition act'] ..... development authority (for short kmda) and the state of west bengal (`state' for short) relate to determination of compensation for acquisition of the following three lands for east calcutta area development project, falling under mouza madurdaha, (jl no.12), district 24 parganas (south) within the limits of kolkata municipal corporation : dag (plot) area in cottahs/chitaks area in acres classification of land no. ..... kmdc and the state of west bengal have challenged the said decision of the high court in these appeals by special leave, raising the following four contentions: (i) the first respondent had himself relied upon the four sale deeds relating to beel lands that is sale deeds dated 8.1.1999, 8.1.1999 and 29.3.2000 relating to plot no.417 and sale deed dated 25.6.1999 relating to plot no.445 disclosing a price of ` 70,000, ` 70,000, ` .....