Disposed¶9

Pratima Bhuye @ Pratima Bhunye v. State of West Bengal and Ors.

Calcutta HC15 Jan 2026WPA/27808/2025

Case brief

AI extract

What is this about?

Section 28A Land Acquisition Act 1894; enhancement of compensation; parity with LA Misc. Case No. 87 of 2007; delay and non-disposal of application; time-bound direction of six weeks; Land Acquisition Collector (General) Howrah; certified copy of judgment not furnished; WPA 27808 of 2025; Hiranmay Bhattacharyya, J.; writ petition disposed of without entering merits.

What did the court decide?

Direction to the Land Acquisition Collector (General), Howrah (respondent no.4) to dispose of the application under Section 28A of the Land Acquisition Act, 1894 as expeditiously as possible but positively within six weeks from the date of receipt of a server copy of the order along with a copy of the application dated 19th November, 2010. ¶9

Pratima Bhuye @ Pratima Bhunye Vs State of West Bengal and… — Land Acquisition | Calcutta HC (2026)

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Whether the petitioner, claiming to stand on the same footing as the petitioner in LA Misc. Case No. 87 of 2007, is entitled to a like enhancement of compensation through her application under Section 28A of the Land Acquisition Act, 1894. +1 more

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Court's answer

The Court expressly declined to enter into the merits of the case made in the Section 28A application; the question of the petitioner's entitlement to enhanced compensation was left to be decided by the Collector.

¶7

Ratio / Principle

The Court was of the considered view that the interest of justice would be sub-served if the application under Section 28A of the Land Acquisition Act, 1894 is decided within a specified timeframe.

¶6

Key takeaways

Without entering into the merits of the claim made in the Section 28A application, the Court directed the Land Acquisition Collector (General), Howrah (respondent no.4) to dispose of the application as expeditiously as possible but positively within six weeks from the date of receipt of a server copy of the order along with a copy of the application dated 19th November, 2010.ratio¶9

Detailed headnote1 paragraphs

Writ petition (WPA 27808 of 2025) disposed of by directing the Land Acquisition Collector (General), Howrah (respondent no.4) to decide the petitioner's application under Section 28A of the Land Acquisition Act, 1894, pending since November 19, 2010, as expeditiously as possible and positively within six weeks from receipt of a server copy of the order together with a copy of the application. The Court, without entering into the merits of the petitioner's claim to parity with the enhancement awarded to the petitioner in LA Misc. Case No. 87 of 2007 by judgment dated September 23, 2010, confined itself to a time-bound direction for disposal. (Hiranmay Bhattacharyya, J.)

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Item15-01-2026 ML47. Ct. 19 sg

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WPA 27808 of 2025 Pratima Bhuya @ Pratima Bhunye Versus The State of West Bengal & Ors.

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Mr. Tapan Kumar Rakshit Mr. Surajit Roy …for the petitioners Mr. Lalit Mohan Mahata, AGP Mr. Himadri Mahata …for the State

¶4

The petitioner claims to have filed an application under Section 28A of the Land Acquisition Act, 1894 on November 19, 2010 before the Collector, District Howrah. The petitioner claims that she stand on the same footing as that of the petitioner in LA Misc. Case No. 87 of 2007 in whose favour an enhancement of the compensation amount was passed by a judgment dated September 23, 2010 in LA Misc. Case No. 87 of 2007 . The grievance of the petitioner is that, till date, the said application has not yet been disposed of.

¶5

Mr. Mahata, learned Additional Government Pleader, submits that it appears from the materials on record that the application was accompanying by a photocopy of the said judgment and the certified copy of the same was not furnished.

¶6

Be that as it may, this Court is of the considered view, that the interest of justice would be sub-served if the application under Section 28A of the Land Acquisition Act, 1894 is decided within a specified timeframe.

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Without entering into the merits of the case made in

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¶9

the application under Section 28A of the Land Acquisition Act, 1894, WPA 27808 of 2025, stands disposed of by directing the Land Acquisition Collector (General), Howrah, being the respondent no.4, to dispose of the application under Section 28A of the Land Acquisition Act, 1894 as expeditiously as possible but positively within a period of six weeks from the date of receipt of a server copy of this order along with a copy of the application dated 19^th November, 2010.

¶10

The writ petition is disposed of.

¶11

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

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(Hiranmay Bhattacharyya, J.)

Pratima Bhuye @ Pratima Bhunye v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Pratima Bhuye @ Pratima Bhunye 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

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

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