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

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

What the court decided

AI extract

Outcome

Direction to the Collector, North 24 Parganas at Barasat to consider the petitioner's application under Section 18 of the 1894 Act and, upon satisfaction that it is in form and was filed within the stipulated period, to take necessary steps in terms of Section 18 of the 1894 Act 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 direct production of documents, with which the petitioner shall comply.

Issue for consideration

Whether the Collector, North 24 Parganas should take necessary steps in terms of Section 18 of the 1894 Act to refer the petitioner's application to the competent court, subject to the application being in form and having been filed within the stipulated period.

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 satisfaction 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, positively within eight weeks from receipt of a server copy of the order together with a complete copy of the application.

Key takeaways

The 2nd respondent may direct the petitioner to produce any document for the purpose of deciding the issue, and the petitioner shall comply with any such direction.ratio¶14

Detailed headnote1 paragraphs

Writ petition disposed of (Md. Nizamuddin v. State of West Bengal & Ors., WPA 5331 of 2026, decided 11.03.2026). The petitioner claimed to have filed, within the specified period, an application praying for reference by the Collector for determination by the Court of disputes falling within the scope of Section 18 of the Land Acquisition Act, 1894; counsel for the petitioner submitted that no steps had been taken by the Collector, North 24 Parganas to refer the matter to the competent court. Counsel for the State submitted that necessary steps would be taken subject to satisfaction that the application was in form and filed within the stipulated period. Disposing of the petition, the Court directed the Collector, North 24 Parganas at Barasat to consider the application under Section 18 of the 1894 Act (an incomplete copy annexed at page 12 of the writ petition) and take steps in accordance with law provided the application 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 of the 1894 Act 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 direct production of documents, with which the petitioner shall comply. (Hiranmay Bhattacharyya, J.)