TANDON BROTHERS vs STATE OF WEST BENGAL

The Supreme Court upheld the application of the West Bengal Estate Acquisition Act, 1953, confirming that pre-existing rights in land are extinguished upon vesting in the State as per Section 5. The Court reiterated its previous ruling in State of West Bengal v. Suburban Agriculture Diary & Fisheries Pvt. Ltd., [1993] Suppl. 4 SCC 674, establishing that land vested in the State is free from encumbrances. The appeal was dismissed, affirming the High Court's decision favoring the State regarding the surplus land declaration.