Post-Vesting Purchaser of Land Lacks Locus Standi to Challenge Acquisition or Claim Compensation

The Petitioner purchased 0.03 decimals of land in Plot No. 2576 (Mouja Golgram) via a deed dated November 25, 2020

The National Highways Authority of India (NHAI) issued a notification under Section 3A(1) of the National Highways Act, 1956, to acquire Plot Nos. 2575 and 2576, initially recording them as private land

While Plot No. 2575 was admitted as raiyati land, the State subsequently corrected the record of rights for Plot No. 2576, declaring it as "vested" in the State since April 15, 1955, under the West Bengal Estates Acquisition Act, 1953

The Petitioner’s application for correction of this record was rejected by the B.L. & L.R.O. on April 13, 2022, and no appeal was filed

The Petitioner challenged the eviction notices and sought compensation for Plot No. 2576

1. Whether a purchaser of land subsequent to a vesting notification under the West Bengal Estates Acquisition Act, 1953, has a legally enforceable claim for compensation or a right to challenge acquisition proceedings

2. Whether the NHAI has the power to correct or amend a notification issued under Section 3A of the National Highways Act after a declaration under Section 3D has been published

The Court applied Section 4 of the West Bengal Estates Acquisition Act, 1953, regarding the vesting of estates in the State free from all encumbrances

Post-vesting alienation of property does not bind the State and confers no title upon the purchaser

Section 21 of the General Clauses Act, 1897, which provides that the power to issue notifications includes the power to add to, amend, vary, or rescind them in the absence of specific provisions in the parent Act

The Court reasoned that Plot No. 2576 vested in the State in 1955, whereas the Petitioner purchased the land in 2020; thus, the Petitioner is a "post-vesting purchaser" whose deed confers no valid title

As a result, the Petitioner cannot challenge the acquisition or demand compensation, as the vendor had no title to transfer

The Court noted that the Petitioner failed to appeal the Revenue Officer's 2022 order which confirmed the vested status

While the National Highways Act does not explicitly provide for correcting notifications post-Section 3D declaration, the Court clarified that Section 21 of the General Clauses Act fills this statutory gap, allowing NHAI to amend its records to reflect the State’s ownership

Disputed questions regarding independent tenancy rights were deemed unfit for determination under Article 226

The Court dismissed the writ petition, denied the prayer to quash the eviction notices, and directed that if the Petitioner claims independent tenancy rights, he must approach a civil forum