LAWS(CAL)-2010-8-10

BASUDEB NASKAR Vs. STATE OF WEST BENGAL

Decided On August 17, 2010
BASUDEB NASKAR Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) In this writ petition, the Petitioner has sought orders directing the Respondents to forthwith initiate and complete land acquisition proceedings and release compensation to the Petitioner in respect of land described more fully in paragraph 2 of the petition, which has been under the occupation of the State Government since 1982.

(2.) Notices were issued under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948, requisitioning the land. Mr. Nabi, appearing on behalf of the State Respondents, submits that notice under Section 4(1a) was issued on 5th October, 1989, whereby the said land was acquired. The said Act expired by efflux of time on 31st March, 1997.

(3.) The State Legislature, however, amended the Land Acquisition Act, 1894 as applicable in the State of West Bengal by incorporation of Sections 9(3A) and 9(3B), which are set out hereinbelow for convenience: