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Supreme Court of India 2021-10-05 partly_allowed

Shrachi Burdwan Developers Private Limited vs State of West Bengal & Ors

Bench: 2 — M.R. Shah

In Brief

The Burdwan Development Authority (BDA) acquired land to develop a satellite township through a public-private partnership with Shrachi Burdwan Developers. After a Reference Court enhanced compensation to landowners, Shrachi Burdwan filed a writ petition claiming to be an 'interested party' under the Land Acquisition Act and challenging the award. The Supreme Court held that a writ petition is not the proper remedy to challenge a Reference Court award when the statutory remedy of appeal under Section 54 exists. The locus of Shrachi Burdwan as a 'person interested' is a contested question of fact for the appellate court to decide, not the writ court. The Court dismissed Shrachi Burdwan's appeal but allowed the landowners' appeals, restoring proceedings before the Executing Court for enforcement of the enhanced compensation awards.

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Land Acquisition Constitutional Law Civil Procedure Administrative Law Public-Private Partnership Locus Standi Article 226 Writ Jurisdiction

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