HASIBUR RAHAMAN SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner seeks issuance of a formal order by the Collector, Howrah of derequisition of land measuring about 33.5 decimals in R.S. Dag No. 845 4 decimals in R.S. Dag No. 846 and 9 decimals in R.S. Dag No. 847 in R.S. Khatian No. 178, mouza - Pakuria, J.L. No. 54, Salap-I Gram Panchayat Police Station - Domjur, District - Howrah in favour of the petitioner.

(2.) The contention of the petitioner is as hereunder:- The proforma respondents acquired title and possession in respect of the plots in question by virtue of purchase vide registered deeds executed in 1988. A vast area of land including the plots in question was requisitioned for West Howrah Area Development Project under the West Bengal Land (Requisition and Acquisition) Act, 1948 vide L.A. Case No. 27/1/AC/11 CMDA of 1984-85 and notification was published in the daily newspaper The Statesman on 6/8/1998 by the Calcutta Metropolitan Development Authority presently known as the Kolkata Metropolitan Development Authority (hereinafter referred to as the KMDA) notifying preparation of the Outline Development Plan for the western part of Howrah prepared by the KMDA as per provisions of Sec. 36(1) of the West Bengal Town and Country (Planning & Development) Act, 1979. The proforma respondents moved an application under Article 226 of the Constitution being C.O. No. 13775 (W) of 1994 inter-alia challenging the order of requisition. By an order passed on 29/4/1997, this Court allowed the writ petition with an observation since there was no material either to show that there was an order for requisition of the land in question or the same was served upon the writ petitioners, possession, if any, taken by the respondent authorities without due process of law should stand set aside. The Court further recorded that the aforesaid order would not prevent the respondent authorities from proceeding in accordance with provisions of law for the purpose of acquisition of the land in question.

(3.) By virtue of amendment of the Act of 1948, operation of the Act was extended till 31/3/1997 and in view of Sec. 3 of the Amendment Act of 1994, power under Sec. 3 of the Act of 1948 was omitted with effect from 1/4/1994. No further step was taken by the State respondents for initiation of fresh proceedings under the Land Acquisition Act, 1894 pursuant to the order of the Court.