AMAL BHUSAN CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal impugns the judgment and order of the learned Single Judge Dated 10th February, 2005 whereby and where under the writ petition of the appellant was dismissed with costs assessed at Rs. 15,000.00.

(2.) The petitioner affected by the order of requisition followed by acquisition of his small plot of land under the provisions of Land Acquisition and Requisition Act 1948, Act II of 1948 (hereinafter referred to 1948 Act) brought the action as above.

(3.) The said writ petition was opposed by State of West Bengal and K.M.D.A. THE point of opposition in sum and substance is that the vast area was sought to be required for the purpose of development works to be undertaken by the K.M.D.A. and as such the Government was moved for acquisition of the land. THEreafter, the Government under the provision of Act 1948 the vast area including the plot of the petitioner was initially requisitioned lawfully and then on service of due and valid notice acquisition was made. This was completed long time back in 1983. THE award was passed and even compensation money was paid and 80 per cent of the amount of compensation was received by the learned Advocate engaged by the writ petitioner. Obviously there has been inordinate delay to challenge the said requisition and acquisition and also the question of estoppel, acquiescence are staring against the petitioners. In the instant case, the address of the petitioner could not be found and furthermore at the said plot of land there had been no structure but at a conspicuous place notice was affixed and even by substituted service in the Official Gazette the said notice was issued. In spite of the same no objection was filed.