STATE OF WEST BENGAL Vs. SOUMENDRA MOHAN DEY

JUDGEMENT

(1.) This is an appeal directed against the order passed by the Learned Single Judge dated April 16, 2001 whereby the Learned Single Judge has allowed the writ petition and directed that since the writ Petitioner's land was taken long back and construction has already been made thereon, therefore, the land cannot be returned back to the Petitioner. He directed that the compensation should be determined immediately and the relevant date for the purpose of calculation of compensation shall be the date when Sec. 7A of the Act II of 1948 was introduced. Aggrieved against this order the present appeal has been filed.

(2.) The brief facts which are necessary for disposal of this appeal are that the Petitioner filed the present writ petition praying for issuance of a writ of mandamus directing the Respondents to pay to the Petitioner compensation for acquisition of land of the Petitioner under the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as Act II of 1948) -after assessment of the same. Land of the petitioner being R.S. Plot No. 13, measuring 13 decimal and R.S. plot No. 389 measuring about 22 decimals of Mouza and P.S. Serampore, District Hooghly were requisitioned under Sub -section (1) of Sec. 3 by order dated January 18, 1977 under Act II of 1948 for construction of building of P.W. D. (Roads), which reads as under:

(3.) After requisitioning the above premises notice under Sec. 4(1a) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948) was issued for acquisition of land. The same was published in the Calcutta Gazette, Extra Ordinary on August 9, 1982. The said notification reads as under: