MANDODORI BHAKAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These three appeals arise out of three writ petitions which were dismissed by a common judgment and order passed by a learned Judge of this Court. We have heard these three appeals analogously since the facts are similar and the questions of law involved therein are identical and furthermore, the said appeals arise out of a common judgment passed by the learned Single Judge.

(2.) The appellants herein purchased the lands in question by executing several registered Deeds of Conveyance during the period commencing on and from 1985. From the records, we find that the lands in question were requisitioned under Section 3 of the West Bengal Land (Requisition & Acquisition) Act II of 1948 (hereinafter referred to as Act II of 1948) on 23rd September, 1975. The possession of the lands in question was handed over to Eastern Coalfields Limited on 18th June, 1976. The said lands were thereafter acquired under Section 4 (1a) of the aforesaid Act II of 1948 by publishing notification in the Calcutta Gazette dated 1st December, 1988. However, no award has yet been passed in respect of the aforesaid lands. The appellants/writ petitioners herein by filing the writ petitions before this Court prayed for issuing appropriate directions on the respondent authorities for releasing the acquired lands in question after quashing the acquisition proceedings since no award has yet been passed in respect of the said land. The writ petitioners also prayed for compensation for depriving them of their right to enjoy the landed property in question.

(3.) The learned Single Judge by the impugned judgment and order under appeal rejected the claims of the writ petitioners on the ground of delay in moving the writ petitions challenging the acquisition proceedings. While dismissing the writ petitions the learned Single Judge also held that the writ petitioners are post-vesting purchasers.