Overview

• A bench of Justices Surya Kant and Joymalya Bagchi allowed West Bengal’s appeal and set aside a Calcutta High Court order that had restored 28 bighas to M/s Santi Ceramics.
• The court noted that Santi Ceramics accepted the acquisition award and about ₹14.54 crore in compensation without pursuing statutory challenges at the time.
• Interpreting Kedar Nath Yadav (2016), the court held that the restoration remedy was tailored for vulnerable farmers and is not available to commercial entities.
• The judgment cautioned that allowing passive industrial claimants to benefit would encourage strategic inaction and undermine the targeted nature of judicial relief.
• As a practical step, Santi Ceramics may remove remaining structures and machinery within three months or request a public auction, receiving net proceeds after expenses.