MADAN MOHAN HUDATI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) For the purpose of making provision for new freight terminal facilities for South Eastern Railways at Sankrail in the district of Howrah, land acquisition proceedings were initiated under LA case No.4 (Act II) of 1980-81, 5 (Act II) of 1980-81, 9 (Act II) of 1980-81, 1(Act II) of 1985-86, 1 (Act II) of 1988-89, 3 (Act-II) of 1988-89, 4 (Act-II) of 1988-89 and 5 (Act II) of 1988-99 pursuant to the provision of West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter described as the 1948 Act) for acquisition of several agricultural lands measuring about 212.3 acres in total, lying and situated at different dag numbers of Mouza- Chaturbhuj Kati, Mashila, Sankrail Jala and Kolora under police station Sankrail in the district of Howrah. Amongst the said lands, petitioners' agricultural land were also proposed to be acquired. On initiation of acquisition proceedings, notices for requisition of the land of the petitioners' were issued under the provision of Sec. 3(I) of the West Bengal Land (Requisition and Acquisition) Act, 1948 by the competent authority.

(2.) It is pertinent to mention that the said notices under the 1948 Act are issued by the respondent No.2 during the period between 1986 and 1989. It is submitted by the petitioners that the 1948 Act was enacted purely as a temporary measure to provide for requisition and speedy acquisition of land for certain purposes which was originally indented to be in force till 31st day of March, 1951. However, the said period was extended from time to time and finally it was extended till 31/3/1997 by the West Bengal Act 25 of 1996. Sec. 7 of the 1948 Act deals with the compensation payable in course of or in connection with the requisition and acquisition proceeding under the said Act. Sec. 7 of 1948 Act culls out the provisions and principles to be followed in determining compensation to the persons whose land is requisitioned for the purpose of acquisition. The petitioners' further state that the land which was intended to be requisitioned by the respondents were agricultural land being regularly cultivated by the petitioners' from the time of their predecessors for earning their livelihood and with issuance of notice under Sec. 3(I)(A) of the said Act, the domain on control over the said land were taken over by the respondent, without acquiring any right, ownership or restraining the petitioners from using of the respective lands, pursuant to the provision of sub-Sec. (3) of Sec. 7 of the 1948 of Act. Some the petitioners received part compensation on adhoc basis under the provision of Sec. 8 (B) of the said Act. In respect of LA case No. 4 (Act II) of 1981, 5 (Act II) of 1988-89, 9 (Act II) of 1980-81, 1 (Act II) of 1988-89 and 1 (Act II) of 1988-89. Notices under Sec. 4 (1a) of the said Act was issued and published in Calcutta Gazette respectively o 12/2/1991, 12/12/1990, 20/4/1992, 27/3/1992, 21/12/1990 and 18/12/1989 respectively. No notice under Sec. 4(1a) of 1948 Act was however issued and\or published in respect of LA cases No.3 (Act II) of 1988-89, 4 (Act II) of 1980-81 and 5 (Act II) of 1988-89 and the land requisitioned pursuant to the proceedings initiated in connection with the LA cases No. 3 and 4 were subsequently released from the said requisition pursuant to the provision of Sec. 6 of the 1948 Act. It is further stated by the petitioners that although it was mandatory and statutory duty of the respondents to serve notice upon the petitioners whose land were allegedly acquisitioned, but no such notice was served upon the petitioners.

(3.) It is also submitted by the petitioners that although pursuant to the provision of Sec. 4 of Act 2 of 1948, it was mandatory for the respondents to serve notice upon the petitioners whose land were allegedly acquired, but no such notice was served upon the petitioners in respect of land acquisition case No.4(Act II) of 1980-81, 5 (Act II) of 1980- 81, 1 (Act II) of 1985-86 and 1 (Act II) of 1988-89 and the said notice were issued only in respect of LA Case No.9 (Act II) of 1981-82. Although the above stated proceeding were initiated from time to time and notices were published under Sec. 4(1a) of Act 2 of 1948, but no award was made in respect of the lands so acquisitioned either within the period of 3 years from the publication of the relevant notice in the Official Gazette or within the period of one year from the date of commencement of West Bengal Land (Acquisition and Requisition) Amendment Act, 1994 which came into effect with effect from 1/4/1994 and pursuant to the provisions of Sec. 7a and the said Act, the notices issued under Sec. 4(1a) of the said Act lapsed with minimum effect on expiry of the period as referred in the said Sec. 7a of the said Act.