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State of West Bengal v. Calcutta Pinjrapole Society

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 893 of 2016)Decided 5 Feb 2016
Civil Appeal No. 893 of 2016
Justice Anil R. Dave · Justice Shiva Kirti Singh · Justice Adarsh Kumar Goel

Background

This order sends the case back; it does not decide the dispute. The case concerned land that had been acquired. The title to the land was in doubt and dispute, which affected who was entitled to the compensation.

Decision Breakdown

This is not a final decision on the dispute. The Court found that the disputed title needed to be finally ascertained. It set aside the judgments of the courts below and sent the matter to the Reference Court to decide the title and the claims of the persons concerned, with liberty to lead additional evidence. The parties were directed to appear before the Reference Court on 8 March 2016.

Lesson Learnt

There is no final ruling yet on who owns the land and who is entitled to the compensation. The Reference Court will decide this and may take additional evidence.

Official source (sci.gov.in)View Judgment (PDF)

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