BIJOY KRISHNA BERA @ BIJOY BERA UTTAM KUMAR BHATTACHARYYA vs THE STATE OF WEST BENGAL AND ORS. — WPA/15684/2025

Case Summary: WPA 15684/2025 Petitioner: Bijoy Krishna Bera Respondent: The State of West Bengal Court: High Court at Calcutta Judge: Justice Hiranmay Bhattacharyya Decision The court allowed the writ petition and directed the State to initiate land acquisition proceedings under the 2013 Act within four months, completing all proceedings including compensation payment. Key Facts The petitioner's land (0.29 acres) was requisitioned under the 1948 Act in 1978 for road construction but was never formally acquired. No compensation was paid despite repeated requests since 2004. The 1948 Act expired in 1997, and the 1894 Act was repealed in 2014, leaving the land acquisition incomplete. Key Reasoning The court rejected the State's delay/laches defense, holding that: (1) property deprivation without legal process violates Article 300A; (2) delay cannot negate compensation claims when circumstances shock judicial conscience; (3) the continuous nature of the land use creates ongoing cause of action; and (4) under the 2013 Act, the petitioner is entitled to fair compensation since the land has been utilized for public purpose without proper acquisition procedures or compensation payment. This case analysis is maintained by casestatus.in based on publicly available court records.