STATE OF WEST BENGAL Vs. SRADDHANANDA BASU

JUDGEMENT

(1.) The present appeals have been filed respectively by the State, through the Land Acquisition Collector, Hooghly, and by the referral claimant. In the appeals, the judgment and decree passed by the learned Additional District Judge, First Court at Hooghly Sadar, District - Hooghly, in a reference under Sec. 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the 1894 Act") has been challenged by both sides.

(2.) Bereft of unnecessary details, a land at Mouza Bhadrakali at Uttarpara was acquired by the State for the public purpose of rehabilitation of squatters-refugees of the Bhadrakali Women's Home. A Notification was issued under Sec. 4 of the 1894 Act, and a hearing was given under Sec. 5(A) of the said Act by the District Collector. At that stage, in connection with a writ petition, a learned Single Judge of this Court was pleased to direct fresh hearing under Sec. 5(A) and annulled all steps taken from the initial hearing under the said provision till subsequent steps.

(3.) In the meantime, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (for short, "the 2013 Act") came into force with effect from April 1, 2024. Accordingly, the calculation of compensation for the acquisition was required to be done under Sec. 26 of the 2013 Act. Accordingly the matter was taken up for hearing and an award was passed, in respect of which a reference was initiated on the application of the claimant under Sec. 18 of the 1894 Act. By the order of another learned Single Judge of this Court, since Rules had not yet been framed under the 2013 Act by the State, it was directed that the reference would continue under Sec. 18 of the 1894 Act.