Supreme Court of India · 2001-04-03
Tandon Brothers vs State Of West Bengal And Ors
- Citation / case number
- AIR 2001 SUPREME COURT 1866
- Court
- Supreme Court of India
- Petitioner
- Tandon Brothers
- Respondent
- State Of West Bengal And Ors
- Bench
- A.P. Misra, Umesh C. Banerjee
Judgment text excerpt
The Supreme Court upheld the application of the West Bengal Estate Acquisition Act, 1953, specifically Section 5, which mandates that pre-existing rights in land are extinguished upon vesting in the State. The Court reiterated its earlier ruling in State of West Bengal v. Suburban Agriculture Diary & Fisheries Pvt. Ltd., [1993] Suppl. 4 SCC 674, affirming that the land in question, comprising 4959.27 acres of the Rohini Tea Estate, vested in the State free from encumbrances. The Court dismissed the appeal, confirming the State's authority to declare surplus land and take possession as per the Act.