Can the State evict owners of the land in pursuance of land acquisition proceedings initiated 67 years ago when the actual physical possession of the land was not taken over or would the purported acquisition proceeding be treated as lapsed in view of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013? This and several such questions have been raised in an appeal before the Supreme Court wherein 27 villagers, all residents of Guria village in Medinipur, West Bengal, have challenged the State’s move to evict them from their land in pursuance of land acquisition proceedings initiated way back in the year 1948-49 for purpose of brick fields.
A bench of Justice Abhay Manohar Sapre and Justice Indu Malhotra has issued notices to the West Bengal government, District Magistrate, Collectors and others on the petition filed by Srikanta Charan Kanp and 26 others through advocate Rohan D. Bhowmick and Uday Gupta, seeking their response within four weeks. In the instant case, the petitioners (their fathers and forefathers) have been in possession of land measuring about 35.87 acres in Medinipur. In December 1949, an order was passed by the Collector, Medinipur under Section 3 of West Bengal Land (Requisition and Acquisition) Act, 1948 for handing over vacant possession of the said Land for brick fields.
The orders of the high court have been challenged before the Supreme Court wherein the petitioners have sought to know if the land can be considered to have been acquired with the efflux of 67 years after initiation of acquisition proceedings.
Courtesy/By: Shubham Mathur
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19 Dec 2018
