SK. SAOKAT ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The mother of the petitioners, namely, Nazimessa Bibi, since deceased purchased a plot of land being Dag No.296 measuring an area of about 0.39 acre situated within Mouza- Chak Kashipur, J.L No.48, under Police Station Budge Budge, at present Nodakhali, in the district of South 24 Parganas. On the death of the mother of the petitioners on 4/7/1989 the petitioners and one Tehera Bibi @ Munia Khatun inherited the said property under Mohammedan Law of inheritance and they used to possess the land jointly. During the life time of the said Nazimessa Bibi, in pursuance to a proposal vide memo 1329 dtd. 29/3/1979 issued by the Executive Engineer, Urban Drainage Division, Irrigation and Waterways Department Directorate, Government of West Bengal, an Land Acquisition proceeding was initiated being LA II/8 of 1979-80 for the purpose of excavation of Alampur Khal in connection with Raypur basin drainage system. Indisputably, the said LA proceeding was instituted under the provision of the West Bengal Land (Requisition and Acquisition) Act, 1948 (herein after described as Act II of 1948). In the said LA proceeding 0.10 acre of land out of 0.39 acre of land in plot No.296 was acquisitioned by a notification under sub Sec. 1 of Sec. 3 dtd. 7/6/1983.

(2.) Subsequently, possession of the said land was taken by the Collector, South 24 Parganas and it was handed over to the requiring body on 12/4/1984.

(3.) Admittedly no award could be declared in respect of the said LA proceeding within the life time of Act II of 1948. It is needless to say that Act II of 1948 expired and got its natural death with effect from 31/3/1997.