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Supreme Court of India 2021-10-05 partly_allowed

Arifa Khatun & Etc. Etc vs The State of West Bengal & Ors

Bench: 2 — M.R. Shah, A.S. Bopanna

In Brief

Shrachi Burdwan Developers challenged by writ petition the Reference Court's award enhancing land compensation awarded to original landowners. The appellant, though not a party to the Reference proceedings, claimed to be an "interested person" and sought to set aside the enhanced compensation award. The Supreme Court held that a writ petition was not an appropriate remedy when statutory appeals were available. The Court distinguished between maintainability and entertainability of a writ petition, concluding the High Court ought not have entertained the writ petition. The Court allowed the landowners' cross-appeals and restored the Reference Court's enhanced compensation awards, permitting Shrachi to pursue statutory remedies only if the High Court granted leave.

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Land Acquisition Judicial Remedies Writ Jurisdiction Compensation Interested Person Appellate Jurisdiction Public-Private Partnerships

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