GORA CHAND MULLICK Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) This revisional application under Art. 227 of the Constitution is directed against the Order No.8 dated 17th Jan., 2001 passed by the Id. Land Acquisition Collector, Alipore in Ref. Case No.204 of 93-94. The relevant facts are that as far back as in 1979, the State of West Bengal requisitioned and thereafter acquired a number of plots of Mouza Purba Barisha under District 24-Parganas (S) comprising a vast area of valuable land and a two storeyed building containing valuable articles and furniture, land acquisition proceedings were started in 1983, the ld. Land Acquisition Collector made and published an award dated 31s" March, 1993. The award was found inadequate, unreasonable and insufficient, the compensation-amount awarded being far below the market value of the properties concerned at the material time and accordingly, the owners of the said lands, namely, the present petitioners being dissatisfied herewith filed a petition before the Id. L.A. Collector, 24-Parganas(S) in 1994 under section 8 of the West B(illegal Land Acquisition and Requisition Act, 1948 read with section 18(1) of the Land Acquisition Act, 1894 praying for an order referring the same to Court of District Judge for proper determination of the market value of the land including the structure thereon in question. The said reference petition was filed well-within the period of limitation and it was registered as Ref. No.204/93-94.

(2.) Since the hearing of the matter was being delayed, the petitioner approached this court in its revisional jurisdiction and on 16th May, 2000 a single Bench of this court disposed of that application by directing the concerned authority to dispose of the said reference case within a period of three months from the date of communication of the said order along with further direction that the said authority should hear the parties and pass a reasoned order. Pursuant to this order the ld. L.A. Collector disposed of the matter by its order dated 17th Jan., 2001 rejecting the petition on a technical ground, namely, that since three awardees'had filed that reference jointly it could not be entertained or found to be maintainable, inasmuch as, it was contrary to the provision of Rule 101 of the West Bengal Land Acquisition Manual, 1991. It was further held in that order that the award in respect of the old pucca building could not be made for want of vetting by PWD authority and steps towards making payment of the award regarding the same in favour of the petitioners would be made after the vetted amount was available.

(3.) Being aggrieved by this order of the Id. L.A. Collector, all the three petitioners have preferred the present revisional application alleging it as illegal, erroneous and unsustainable.