Disposed¶10

Chandramouli Guni v. State of West Bengal and Ors.

Calcutta HC8 Jan 2024WPA/27411/2023

Case brief

AI extract

What is this about?

Chandramouli Guin v. The State of W.B. & Ors. - WPA 27411 of 2023 - disposed 08.01.2024 (Suvra Ghosh, J.). Land acquisition compensation matter: reference in LA Case no.39 of 1997 under Section 8, West Bengal Land (Requisition & Acquisition) Act, 1948 read with Section 18, Land Acquisition Act, 1894 was allowed on contest by the Land Acquisition Judge on 12.06.2001; State appeal dismissed for default, restored, still pending. Petitioner willing to accept State-decided compensation and settle amicably out of court; writ petition disposed with liberty to take steps before the Bench handling the appeal; no costs.

What did the court decide?

Liberty granted to the petitioner to take appropriate steps before the learned Bench dealing with the appeal; no order as to costs. ¶10

Chandramouli Guni Vs State of West Bengal and Ors. — Land Acquisition | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to take appropriate steps before the learned Bench dealing with the appeal; no order as to costs.

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Issue for consideration

Whether the petitioner, having submitted that he is ready and willing to accept the amount the State decides to pay as compensation and to settle the issue with the State amicably out of Court, could obtain the opportunity to take necessary steps before the appropriate Bench dealing with the pending appeal. +1 more

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Court's answer

In view of the submissions, the writ petition is disposed of, with liberty granted to the petitioner to take appropriate steps before the learned Bench dealing with the appeal.

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Key takeaways

There shall be no order as to costs.obiter¶11
Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.obiter¶13

Detailed headnote1 paragraphs

Writ petition (WPA 27411 of 2023, Chandramouli Guin v. The State of W.B. & Ors.) disposed of on 08.01.2024 by Suvra Ghosh, J. Record background: an application by the petitioner's predecessor-in-interest under Section 8 of the West Bengal Land (Requisition & Acquisition) Act, 1948 read with Section 18 of the Land Acquisition Act, 1894 was disposed of by the learned Land Acquisition Judge by an order passed on 12 June 2001 in LA Case no.39 of 1997, allowing the reference on contest; the State carried the order in appeal, which was dismissed for default, subsequently restored, and is still pending before this Court. Counsel for the petitioner submitted that the petitioner is ready and willing to accept the amount the State decides to pay as compensation and to settle the issue amicably out of Court, and sought to take necessary steps before the Bench dealing with the appeal. The Court disposed of the writ petition, granting liberty to take appropriate steps before that Bench; no order as to costs; as no affidavit was invited, the allegations in the petition are deemed not to be admitted. Advocates: Sanghamitra Nandy (petitioner); Supratim Dhar and Amritalal Chatterjee (State).

Chandramouli Guni v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Chandramouli Guni v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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