RAM KALI BHATTACHARJEE versus STATE OF WEST BENGAL

RAM KALI BHATTACHARJEE versus STATE OF WEST BENGAL

Due to paucity of evidence regarding the date of award and service of notice, as well as the timing of reference applications, it is not desirable to decide the controversy without factual foundation. The Reference Court must decide these questions.

Parties
Appellant: Ram Kali Bhattacharjee; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
25 July 1995
Procedural Posture
Civil Appeal / Appeal by Certificate Against High Court Judgment
Outcome
Judgment of the High Court and Reference Court set aside; matter remitted to Reference Court for fresh determination
Legal Topics
Limitation on Reference Applications, Compensation for Acquired Land
Land Acquisition Limitation on Reference Applications Compensation for Acquired Land

Case Brief

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Parties

Ram Kali Bhattacharjee

Appellant

State of West Bengal

Respondent

Procedural Posture

Civil Appeal / Appeal by Certificate Against High Court Judgment

Legal Issues

  1. 1 Whether the Reference Applications made by the appellant were within the limitation as provided under the proviso to section 18(2) of the Land Acquisition Act, 1894

Ratio Decidendi

Due to paucity of evidence regarding the date of award and service of notice, as well as the timing of reference applications, it is not desirable to decide the controversy without factual foundation. The Reference Court must decide these questions.

Court Disposition

Judgment of the High Court and Reference Court set aside; matter remitted to Reference Court for fresh determination

Orders

  • Matter referred to Reference Court to decide limitation and compensation according to law
  • Reference Court directed to dispose of the matter within 6 months from receipt of order