BURDWAN DEVELOPMENT AUTHORITYN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Fourteen appeals directed against the same judgment and order dated September 30, 2022 passed by the first Court in seven writ petitions are heard analogously.

(2.) These fourteen appeals can be arraigned in two sets. One set of appeals is at the behest of the State of West Bengal, while the other set of appeals is at the behest of the Burdwan Development Authority (BDA).

(3.) Learned Additional Government Pleader appearing for the State submits that, the land in question was acquired by a proceeding initiated under the Land Acquisition Act, 1894 (in short 'the Act of 1894') for a public purpose at the instance of the requiring body namely BDA. He submits that, a notice under Sec. 4 of the Act of 1894 was issued on July 6, 2004. Declaration under Sec. 6 of the Act of 1894 was issued on February 15, 2005 and the publication thereof was made on March 14, 2005. He contends that, possession of the entirety of the land, including the plots involved in the seven writ petitions filed by the writ petitioners, were taken on April 2, 2007. In support of such contention he relies upon a writing dated April 2, 2007 which shows that, the State authorities took possession of the land in question and made over possession thereof to the BDA Authorities. He submits that, award in respect of the acquisition was published on March 9, 2007 with apportionment thereof being also made. He draws the attention of the Court to the fact that some of the writ petitioners applied before the authorities for disbursement of the compensation under the award. Therefore, he contends that, since the possession of the land being taken and award thereof being published, the land stood vested with the State. According to him, the question of divesting the land involved in the writ petitions does not arise.