KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY Vs. PROF. M SIDDIQI

JUDGEMENT

(1.) Three appeals have been heard analogously as they emanate out of the judgement and order dated July 25, 2014 passed by the learned First Court in WP 15462 (W) of 2005.

(2.) By the impugned judgement and order, the learned Trial Court has held that the proceedings for acquisition had lapsed under Sec. 11 A of the Land Acquisition, 1894. The respondents in the writ petition have been restrained from interfering with the ownership or possession of the writ petitioners in respect of the land in question and from giving effect or further effect to the transfer of the land to Kolkata Metropolitan Development Authority (KMDA).

(3.) Learned advocate appearing for the State has contended that, a notification under Sec. 4 of the West Bengal Land Development and Planning Act, 1948 was issued on April 22, 1955. A declaration under Sec. 6 of the Act of 1948 had been issued on November 16, 1956. Possession in respect of the land had been taken from the land losers. Possession of such land had been made over to the Refugee Relief and Rehabilitation Department on January 15, 1957. Award in respect of the acquisition had been published on February 12, 1968. Since the land losers did not take the amount of the award, the amount awarded had been deposited as revenue deposit on March 17, 1979. The writ petitioners had purchased 39 cottahs of land in Dag No. 395 (RS) during the period from February 1998 to March 1999 and got their names mutated with the concerned land department and Kolkata Municipal Corporation Authorities.