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Supreme Court of India 2019-10-17 allowed

BARASAT EYE HOSPITAL THR. ITS REP vs KAUSTABH MONDAL

Bench: 2 — Sanjay Kishan Kaul, K.M. Joseph

In Brief

The case concerns the right of pre-emption under the West Bengal Land Reforms Act, 1955. A respondent sought to pre-empt land purchased by the appellants, claiming the stated sale consideration was inflated. The key issue was whether a pre-emptor must deposit the full stated consideration plus 10% at the time of filing the application, or whether partial deposit was permissible with balance amount to be deposited later pending inquiry. The Supreme Court held that the right of pre-emption is a "very weak right" requiring strict compliance with statutory requirements. The full consideration and 10% levy must be deposited as a precondition triggering the right; time periods are sacrosanct and non-extendable. The Court allowed the appeal, refunding the pre-emptor's deposited amount with interest, as the right could not be exercised without full deposit within the prescribed period.

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Property Law Land Reforms Pre-emption Civil Procedure Statutory Interpretation West Bengal Law Constitutional Law

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