STATE OF WEST BENGAL Vs. ASIT DAS

JUDGEMENT

(1.) All these appeals involved similar issues of fact and law and hence have been taken up together for hearing and disposal. We will refer to the records of one of the appeals being MAT 207 of 2018 (State of West Bengal and Ors. v. Asit Das and Ors.) for the purpose of disposing of all the appeals. Land of the respondents/writ petitioners was taken over by the State sometime in the year 1982 by requisitioning the same under the provisions of the West Bengal Land (Requisition and Acquisition) Act, 1948 (in short the Act II of 1948). Notice under Sec. 3(1) of Act II of 1948 was issued sometime in the year 1976.

(2.) The project for which the land was requisitioned was abandoned by the requiring body. However, the land was never returned to the writ petitioners and a public road has been constructed thereon. No acquisition proceedings, whether under Act 2 of 1948 or under Act I of 1894 were ever initiated. Some rent compensation may have been paid by the State to the writ petitioners but no compensation for utilisation of their land was paid.

(3.) Being aggrieved, the writ petitioners approached the learned Single Judge in the year 2015 by filing W.P. No. 24940(W) of 2015. The concerned Block Land and Land Reforms Officer, Arambagh, pursuant to an order dated September 30, 2015 filed a report after conducting requisite survey.