(1.) Aggrieved by the quashing of land acquisition proceedings initiated under the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as "the Act") notice under Sec. 4(1)(a) was published in the Gazette on 14.10.1996 and also notice under Sec. 5 of the Act. The property in question had been requisitioned under the provisions of the Act by the issuance of notification under Sec. 3(1) since requisition continued for long for 14 years. It was questioned by filing a writ petition i.e. CR 15177 (W) of 1979 disposed of on 10.9.1993. The High Court of Calcutta did not quash the notification issued under Sec. 3(1), passed an order directing the concerned authorities to acquire the properties in question if so desired within a period of 6 months from the date of communication of order and if the authorities did not acquire the property within the time specified the Land Acquisition Collector was directed to release the property under requisition and restore possession of the same to the writ petitioner.
(2.) Thereafter there was some delay in initiating the land acquisition proceedings. The notification under Sec. 4(1)(a) of the Act had been issued on 14.10.1996 for the acquisition of premises No.11, Sarat Bose Road, Kolkata. Questioning the same, fresh petition - Writ Petition No.4361 (W) of 1997 was filed. Award was passed determining the compensation in a sum of Rs. 7,69,950.00. The writ petition was dismissed by the Single Bench vide order dated 11.3.1998. It was held by the Single Bench that in case the order dated 10.9.1993 was not complied, by the concerned authorities they would be liable for contempt of court and may be dealt with in accordance with law in the contempt proceedings, but the mere fact that possession of the property was not restored, in view of the order passed on 10.9.1993 the same would not disentitle the authority in taking steps for acquisition of the property.
(3.) As against dismissal of the writ petition, appeal MAT No.1165/1998 had been preferred before the Division Bench. The Division Bench has allowed the same vide impugned judgment and order. The Government of West Bengal had conveyed the property by registered deed of conveyance on 21.12.2004 to Kolkata Metropolitan Development Authority for development. A Division Bench of the High Court has allowed the appeal. It was held that requisition under Sec. 3(1) of the Act deemed to have been lapsed, as such the acquisition was illegal. Aggrieved thereby the appeal has been preferred by the Kolkata Metropolitan Development Authority.
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