SHRI SUSANTA NAYAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this Article 226 petition dated May 20, 2009 is seeking a mandamus commanding the respondents to make and declare the award in L.A. Case No.31 of 1959-60 and pay him compensation. It is not disputed that proceedings for acquisition of the land particulars whereof have been given in the petition were initiated under provisions of the West Bengal Land Development and Planning Act, 1948. The state has filed two affidavits - one dated August 10, 2009 and the other dated February 3, 2010. With the first affidavit it has filed a copy of the certificate of possession of the land dated October 22, 1963.

(2.) It was recorded in the certificate that on October 22, 1963 possession of 5.39 acres of land situated in village Birbhanpur in the district Burdwan, acquired under declaration No.17670L.Dev. dated September 7, 1959 published in the Calcutta Gazette on September 17, 1959, was made over to the parties on whose behalf it had been acquired. It was further recorded that the land was acquired for settlement of displaced persons. Over the course of hearing, Mr. Banerjee, counsel for the state, has produced a copy of the declaration. It was made under section 6 of the West Bengal Land Development and Planning Act, 1948; and the plot with respect to which the petitioner has brought this petition and which was mentioned in the certificate of possession dated October 22, 1963, was included in it. Hence there can be no doubt that the land in question was acquired under provisions of the West Bengal Land Development and Planning Act, 1948.

(3.) The state has disputed the correctness of the petitioners case that no award was made and declared and no compensation was paid for the acquisition of the land. In view of the provisions of section 8 of the West Bengal Land Development and Planning Act,1948 the land vested absolutely in the Government free from all encumbrances once possession thereof was taken; and hence the empowered official incurred an obligation to determine the amount of compensation to be awarded for the acquisition of the land. According to the provisions of section 8 compensation was to be determined following the provisions of the Land Acquisition Act, 1894.