Balaka Chakraborty Vs the State of West Bengal and Ors. — Land Acquisition | Calcutta HC (2026)

Balaka Chakraborty Vs the State of West Bengal and Ors. — Land Acquisition | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the Collector, North 24 Parganas at Barasat to consider the petitioner's Section 18 application and, upon satisfaction as to form and timely filing, to take necessary steps in terms of Section 18 of the 1894 Act within eight weeks of receiving a server copy of the order and a complete copy of the application.

Issue for consideration

Whether a writ direction should issue to the Collector, North 24 Parganas to take steps on the petitioner's application for a Section 18 reference under the Land Acquisition Act, 1894, given the alleged inaction despite an allegedly timely filing.

Ratio / Principle

The Collector, North 24 Parganas at Barasat is directed to consider the petitioner's Section 18 application and take steps in accordance with law, provided the application is in form and was filed within the stipulated period of time.

Key takeaways

Upon satisfaction that the application is in form and was filed within time, the 2nd respondent shall take necessary steps in terms of Section 18 of the 1894 Act as expeditiously as possible, positively within eight weeks from receipt of a server copy of the order together with a complete copy of the Section 18 application.ratio¶¶11
The 2nd respondent may direct the petitioner to produce any document for the purpose of taking a decision on the issue, and the petitioner shall comply with any such direction.ratio¶¶12

Detailed headnote1 paragraphs

Land Acquisition Act, 1894 – Section 18 – Reference application pending before Collector – Petitioner claimed to have applied for reference of disputes under S. 18 and alleged no steps were taken by the Collector, North 24 Parganas despite timely filing. State counsel submitted steps would be taken subject to satisfaction that the application was in form and within time. Held, disposing of the writ petition: the Collector, North 24 Parganas at Barasat to consider the S. 18 application and take steps in accordance with law if it is in form and was filed within the stipulated period; upon such satisfaction, the 2nd respondent to take necessary steps in terms of S. 18 as expeditiously as possible, positively within eight weeks of receipt of a server copy of the order along with a complete copy of the application; liberty to the 2nd respondent to call for documents, which the petitioner must produce.

Court No. 19 WPA 5315 of 2026 (265719) 11.03.2026 Balaka Chakraborty (AD 8) Vs. State of West Bengal & Ors.

(S. Banerjee)

Mr. Avijit Saha Mr. Saswata Chatterjee Mr. Chandi Charan De, Ld. AGP Mr. Anirban Sarkar

…for the petitioner …for the State

Affidavit of service filed in Court today, is taken on record.

Petitioner claims to have filed an application praying for reference by the Collector for determination by the Court the disputes falling within the scope of Section 18 of the Land Acquisition Act, 1894.

Learned advocate appearing for the petitioner submits that though the application was filed within the specified period of time, no steps have been taken by the Collector, North 24 Parganas to refer the matter before the competent court.

Learned advocate appearing for the State submits that necessary steps shall be taken subject to being satisfied that the application was in form and

2

the same was filed within the stipulated period of time.

In the light of the submission made by the learned advocates appearing for the respective parties, this writ petition stands disposed of by directing the Collector, North 24 Parganas at Barasat to consider the application under Section 18 of the 1894 Act (an incomplete copy of which has been annexed at page 12 of the writ petition) and consider the said application and take steps in accordance with law provided such application is in form and was filed within the stipulated period of time. Upon being satisfied that the application is in form and the same was filed within the stipulated period of time, the 2^nd respondent shall take necessary steps in terms of Section 18 of the 1894 Act as expeditiously as possible but positively within a period of eight weeks from the receipt of a server copy of this order along with a complete copy of the application under Section 18 of the 1894 Act.

It will be open to the 2^nd respondent to direct the petitioner to produce any document for the purpose of taking a decision on the issue and if such a direction is passed, the petitioner shall comply with such direction.

(Hiranmay Bhattacharyya, J.)