Authority: Calcutta High Court (Civil Appellate Jurisdiction)
Order Date: 14 September 2026
Case Overview
- Parties: The District Magistrate, Malda and others (appellants) vs. Smt Dropadi Devi Bhagalewala and others (respondent no. 1).
- Counsel for respondent no. 1: Mr. Arif Ali, Advocate.
- The respondent filed an affidavit of service, which the court recorded. No appellants appeared when called.
- Counsel highlighted a prior appeal, MAT No. 178 of 2024, filed against the same order, which was dismissed by a coordinate bench of this Court. The dismissal was based on the State’s failure to use migratory provisions of the Act of 1948 and the Act of 1984 to publish a valid award within the stipulated period, causing acquisition proceedings to lapse under Section 7A of the Act of 1948, thereby reviving the original owner's title. Consequently, any transfer after the first notice under the Act of 1948 could not be barred by law.
- The earlier appeal (MAT No. 178 of 2024) was filed by the West Bengal Industrial Infrastructure Development Corporation. The present appeal (FMA No. 1234 of 2025) is filed by the State, represented by the District Magistrate, Malda, together with the same corporation.
- The court observed that the scopes of the two appeals are identical, making it bound by the coordinate bench judgment dated 16 July 2025 in MAT No. 178 of 2024.
Final Outcome
- In accordance with the coordinate bench judgment, FMA No. 1234 of 2025 is dismissed.
- No order as to costs was made.
- Parties may obtain urgent certified copies of this order upon compliance with the requisite formalities.
Topics: Court Dismissal, Prior Judgment Binding, Acquisition Proceedings