Party Challenging Land Acquisition Proceedings Must Establish Locus, Any Relief Qua Compensation Can Be Sought Only By Erstwhile Owner: Calcutta HC

The Calcutta High Court has made it clear that a person challenging the land acquisition proceedings or claiming any relief with regard to Award / compensation must first establish its locus standi.Justice Moushumi Bhattacharya observed,"since the petitioner was not the original owner of the land from who the land was acquired by the State in 1972, the petitioner cannot seek a direction on the State to produce proof of Award / compensation. This direction or any relief with regard to Award / compensation can only be claimed by the erstwhile owner from who the land was acquired."The bench reiterated that the power conferred on High Courts under Article 226 of the Constitution for enforcement of fundamental rights is premised on an "aggrieved person" approaching it. "The person must complain of an action or inaction by a person or authority which has led to deprivation of any of the rights. In other words, the person must have locus standi to bring an action to the Writ Court under Article 226 and show a corresponding duty on the part of the concerned authority to uphold and preserve the right. The petitioner in the present case does not have the necessary locus standi to bring the present action to the Court."The Court was dealing with a plea moved by the Managing Trustee of Dinodiya Welfare Trust, aggrieved by alleged encroachment of land, said to be purchased by him in 2006-2008, by the Police and municipal authorities.The respondents on the other hand claimed that the land in question was acquired under the West Bengal Land (Requisition and Acquisition) Act, 1948 for the public purpose in 1969, it was requisitoned in the year 1972 and an award in this respect was announced in 1973.Petitioner claimed that no such Award was ever made for acquiring the land which would consequently prove that the land continued to remain in the possession of the erstwhile owners of the land before it was allegedly acquired by the State in December, 1972. It was submitted that the very fact of the Award not being passed for the acquisition proceedings would prove that the land did not vest in the State on and from 1972.Upon considering the materials on record, Justice Bhattacharya observed that to challenge the process of acquisition, the petitioner must first show a right for claiming the aforesaid relief. However, the petitioner was not able to show any connection with the erstwhile owner or a surviving interest in claiming compensation."The petitioner admittedly came into the picture much later in 2006/2008 as reflected from the Title Deeds. However, since the petitioner was not the original owner of the land from who the land was acquired by the State in 1972, the petitioner cannot seek a direction on the State to produce proof of Award / compensation," it held.Court added, "Even if it is assumed that the petitioner’s argument of the acquisition proceedings not being in accordance with law is correct, the petitioner must first satisfy the requirement of locus for approaching the writ court."Hence, the court held that petitioner is disentitled to claim any consequential relief. Case Title: Dharam Chand Agarwal v. The State of West Bengal & Ors.Case Citation: 2023 LiveLaw (Cal) 33 ClickHere to Read/Download Judgment

Party Challenging Land Acquisition Proceedings Must Establish Locus, Any Relief Qua Compensation Can Be Sought Only By Erstwhile Owner: Calcutta HC

Udit Singh

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