STATE OF WEST BENGAL Vs. PRANAB KUMAR MUKHERJEE

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated May 18, 2016, whereby the writ petition of the respondent no. 1 being W.P. No. 5568(W) herein was disposed of with similar direction as was given in the judgment and order dated May 16, 2016, rendered in W.P. 5590(W) of 2016. Such direction was as follows:-

(2.) The undisputed facts of the case are that land of the respondent/ writ petitioner was requisitioned by the State Government under Sec. 3 of the West Bengal (Requisition and Acquisition) Act, 1948, and possession thereof taken over for construction of Haringhata-Panpur Road in the District of Nadia, in connection with LA Case no. 52/General/B.R.P/Rehab of 1981-82. Possession of such land was handed over to the requiring body on August 13, 1982. The land has been utilized for the purpose of constructing the aforesaid road.

(3.) For reasons which are not relevant, a fresh L.A. Case No. 3/PWD/2004- 05 was initiated by the competent authority by issuance of notice under Sec. 4 of the Land Acquisition Act, 1894. It is not in dispute that no Award was ever passed in connection with the said land acquisition case.