LAWS(CAL)-2011-9-176

KOLKATA METROPOLITAN DEVELOPMENT Vs. LAKSHMI RANI PAN

Decided On September 30, 2011
Kolkata Metropolitan Development Appellant
V/S
Lakshmi Rani Pan Respondents

JUDGEMENT

(1.) These appeals have been filed challenging the judgment and order dated 24.08.2010 passed by the learned Single Judge of this Court in W.P. 12311 (W) of 2011 whereby and whereunder the learned Single Judge set aside the impugned notice of acquisition dated 9th May, 2000 and also the award dated 8th May, 2002 and passed directions for initiating appropriate acquisitions proceeding in accordance with law and other consequential directions.

(2.) In the course of hearing before the First Court a dispute arose as to whether approval had been taken from the State Government in terms of Section 11 of Act I of 1894 or at all while declaring the award in the instant case. The learned Single Judge called upon the Collector to produce the relevant records the Court so as to examine whether any valid award with prior approval of the State Government was declared by the Collector.

(3.) After perusing the records, the learned Single Judge came to the following conclusion: