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october 2010

Supreme Court of India · 2010-10-21

State Of West Bengal & Ors vs Bireswar Dutta Estate Pvt. Ltd. & Ors

Court
Supreme Court of India
Petitioner
State Of West Bengal & Ors
Respondent
Bireswar Dutta Estate Pvt. Ltd. & Ors
Bench
H.L. Gokhale, R.V. Raveendran

Judgment text excerpt

The Supreme Court addressed the validity of a final declaration under Section 6 of the Land Acquisition Act, ruling that the declaration made on 12.8.1997 was valid as it was within two months of the publication of the preliminary notification on 30.6.1997. The Court clarified that the date of publication for the purpose of Section 4(1) is the date of public notice in the locality, not the Gazette publication date. Consequently, the Court upheld the findings of the Division Bench of the High Court, rejecting the respondents' claims regarding the lapse of acquisition under Section 11A due to the timing of the Award.

State Of West Bengal & Ors vs Bireswar Dutta Estate Pvt. Ltd. & Ors · Niyam