PAWAN KUMAR CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners have prayed for issuance of a writ of mandamus commanding the respondents to quash the order of the LA Collector (HIT, Howrah) dtd. 16/2/2015 and for a declaration that the plots of land being Rs.Dag No. 1447, 1446, 1445, 1441, 1443, 1328, 1332, 1442, 1444 and 1371 of Mouja Pakuria. JL No. 54 which were subject matter of LA case nos. 26/Act-II/86-87, 29/Act-II/86-87 and 29/1/Act-II/86-87 are free from acquisition proceedings and for a direction upon the respondent authorities to release the lands and deliver symbolic possession to the writ petitioners. Alternatively the writ petitioners prayed for initiation of a fresh land acquisition proceedings under Act 30 of 2013.

(2.) The subject matter of the writ petition relates to Plot Nos. 1447, 1446, 1445, 1441, 1443, 1328, 1332, 1442, 1444 and 1371 Possession of the aforesaid lands were taken under Sec. 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (Act II of 1948) on 24/5/1988. Thereafter, a notification under Sec. 4(1a) of the West Bengal Act II of 1948 was published by the Government of West Bengal in the Kolkata Gazette. The writ petitioners claim to have purchased the aforesaid plots excepting plot no. 1337 between 10/3/2000 and 7/6/2000 from the erstwhile recorded owners by virtue of several registered deed of conveyance. Plot no. 1337 was purchased by the writ petitioners sometimes in the month of February, 2002 from the erstwhile recorded owners by a registered deed of conveyance. The writ petitioners claim that they have got possession of the aforesaid lands from their vendors and their names were duly recorded in the record of rights. The writ petitioners claim that on 17/5/2004 a notice was issued by the Special Land Acquisition Officer (HIT, Howrah) intimating them that in course of hearing under Sec. 9(3B), the petitioners were found to be the persons interested and, therefore, they were directed to attend the hearing on 26/5/2004. An award was declared on 11/10/2004 and the valuation of lands was assessed as on the date of publication of notification for acquisition on 14/12/1989.

(3.) Challenging the notice dtd. 17/5/2004 the writ petitioners filed a writ petition being WPA 3719 of 2005 which was disposed of by an order dtd. 1/2/2010 directing release of the lands to the petitioners. The State of West Bengal preferred an appeal against the said order dtd. 1/2/2010 being FMA 1120 of 2010 and the Hon'ble Division Bench by a judgment and order dtd. 3/1/2013 was pleased to set aside the direction to release the lands and the respondent authorities were directed to hear the writ petitioners on the basis of the notice dtd. 17/5/2004.