AMITAVA KANJILAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner has filed the instant writ-petition, inter alia, praying for a writ of Mandamus directing the respondent No. 2 to issue fresh notice and award compensation in favour of the petitioner under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the Act I of 1894) in respect of certain lands allegedly utilized by the State for public purpose without lawfully acquiring the same and awarding compensation in respect thereof in accordance with law. The short factual compass giving rise to the instant case is as follows :

(2.) Pursuant to such notice possession of the said land was taken by respondent No. 2 and handed over to the requiring body. Such land so requisitioned was permanently utilized for building the aforesaid link road. However, no notice of acquisition of the said land under section 4(1A) of Act II of 1948 was published and no compensation was awarded with regard to such permanent utilization of land for public purpose by the State.

(3.) Subsequently, the respondent No. 2 for the purpose of constructing another link road issued another notice under section 3(1) of Act II of 1948 and requisitioned lands comprised in plot Nos. 67, 70, 141 and 151 of Mouza -Bhawkul, Police Station - Diamond Harbour, District - South 24 Parganas measuring about 8, 2, 1 and 30 decimals respectively and initiated Land Acquisition Case No. LA 11/25 E of 1984 85 in respect of the said land. Such notice was issued by the respondent No. 2 on 22.12.1988 directing K.G.O. Surveyor to take steps for possession of the said land.