SC upholds Bengal's reclaiming of land allotted to HM
"This marks the culmination of a prolonged legal battle, during which the state successfully demonstrated that the land remained unutilised for several decades and that its resumption was in the public interest and in accordance with the law," said Debanjan Mandal, who appeared for the state.
Earlier, the land tribunal had upheld the state's decision to take the land under the West Bengal Estates Acquisition Act, 1953. This decision was challenged by Hindustan Motors before Calcutta High Court, which on May 22 this year, rejected the appeal.
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Fox & Mandal appeared on behalf of the Bengal, while Khaitan & Co represented Hindustan Motors. The apex court found no reason to interfere with the HC's findings.
Incidentally, SC, in the process, also upheld HC's affirmation of the constitutional validity of an explanation to the proviso to Section 6(3) of the act, which formed the basis of the state's resumption proceedings.
"The verdict reaffirms the commitment of the state to ensuring optimal use of land resources in furtherance of public welfare and industrial development," Mandal said.
Last week, the state leased out 40 acres of the resumed land parcel to Titagarh Rail Systems to set up a coach manufacturing facility, augmenting the capacity of its existing adjoining plant.
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