The Supreme Court of India has upheld the government’s decision to resume approximately 395 acres of land previously allotted to Hindustan Motors Limited in Uttarpara, Hooghly. Dismissing the Special Leave Petition (SLP) filed by Hindustan Motors, the Court affirmed the legality and constitutional validity of the State’s resumption order under the West Bengal Estates Acquisition Act, 1953.
The verdict follows a long-drawn legal battle where the State successfully argued that the land remained unutilised for decades and was liable to be reclaimed in public interest. The Calcutta High Court had earlier rejected Hindustan Motors’ appeal on 22 May 2025, upholding the order of the Land Tribunal and validating Explanation II to the proviso to Section 6(3) of the Act, the statutory foundation for the resumption.
This landmark ruling reinforces the State’s authority to resume land that is not used in accordance with the terms of its original grant and affirms the government’s policy objective of maximising land utilisation for industrial development and public welfare.
Appearances:
State of West Bengal was represented by Dr. Abhishek Manu Singhvi, Senior Advocate, Mr. Rakesh Dwivedi, Senior Advocate, Mr. Shadan Farasat, Senior Advocate and the Fox & Mandal Team led by Mr. Debanjan Mandal, Managing Partner Fox & Mandal, Mr. Kunal Vajani, Joint-Managing Partner, Fox & Mandal, Mr. Kunal Mimani Standing Counsel, State of West Bengal assisted by Mr. Saaqib Siddiqui, Principal Associate, Ms. Mahima Cholera, Senior Associate, Ms. Shraddha Chirania, Senior Associate & Mr. Dhruv Sahu, Associate.
Hindustan Motors was represented by Mr. Shyam Divan, Senior Advocate and Mr. Divyanshu Kumar Srivastava, AOR
Titagarh Rail Systems was represented by Mr. Mukul Rohatgi, Senior Advocate and Mr. Mahesh Agarwal, Advocate