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

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

What the court decided

AI extract

Outcome

Writ petition disposed of by directing the Collector, North 24 Parganas at Barasat to consider the petitioner's application under Section 18 of the 1894 Act 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 Section 18 as expeditiously as possible, positively within eight weeks of receipt of a server copy of the order with a complete copy of the application; liberty to the 2nd respondent to call for documents from the petitioner.

Issue for consideration

Whether the Collector, North 24 Parganas ought to take steps to refer the petitioner's Section 18 application to the competent court, the application having been filed within the specified period but no reference steps having been taken. +1 more

Court's answer

The writ petition stands disposed of by directing the Collector, North 24 Parganas at Barasat to consider the petitioner's application under Section 18 of the 1894 Act and take steps in accordance with law, provided the application is in form and was filed within the stipulated period of time.

Ratio / Principle

Upon being satisfied that the application is in form and was filed within the stipulated period, the 2nd respondent shall take necessary steps in terms of Section 18 of the 1894 Act as expeditiously as possible but positively within eight weeks from receipt of a server copy of the order together with a complete copy of the application.

Key takeaways

It is open to the 2nd respondent to direct the petitioner to produce any document for the purpose of deciding the issue, and the petitioner shall comply with any such direction.ratio¶17

Detailed headnote1 paragraphs

Sahida Bibi v. State of West Bengal & Ors., WPA 5328 of 2026 (decided 11.03.2026, Hiranmay Bhattacharyya, J.): Writ petition disposed of by directing the Collector, North 24 Parganas at Barasat to consider the petitioner's application under Section 18 of the Land Acquisition Act, 1894 (annexed at pages 11-15 of the writ petition) and take steps in accordance with law if the application is in form and was filed within the stipulated period; upon being so satisfied, the 2nd respondent is to take necessary steps in terms of Section 18 as expeditiously as possible and positively within eight weeks of receipt of a server copy of the order along with a complete copy of the application; the 2nd respondent may require the petitioner to produce documents, with which she must comply.

Court No. 19

WPA 5328 of 2026

(265719)

11.03.2026

(AD 9)

Sahida Bibi Vs. State of West Bengal & Ors.

(S. Banerjee)

Mr. Avijit Saha Mr. Saswata Chatterjee

…for the petitioner

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 (copy of which has been annexed at pages 11 to 15 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.)