TULIKA CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioners have prayed for issuance of a writ of mandamus commanding the respondents to determine and pay compensation to the petitioners upon initiating a fresh proceeding in respect the lands of the petitioner in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the 2013 Act"). Alternatively, the petitioners have prayed for payment of occupation charges with effect from 1/4/1997 till the date of initiation of proceeding under 2013 Act or handing over possession of the land if the respondents do not intend to acquire the same.

(2.) A proceeding under the West Bengal Land (Requisition and Acquisition) Act, 1948 (for short "Act II of 1948") was initiated being R.A. Case No. 72 of 1975-76 for construction of Burwan - Belgram road. The Collector, Murshidabad issued an order on 7/12/1981 under Sec. 3(1) of Act II of 1948 for requisition of several plots of land within mouja Burwan, J.L.No. 56, under Police Station. Burwan in the district of Murshidabad.

(3.) Petitioners claim to be the owners of R.S. Plot Nos. 7196, 7202, 7191, 7185, 7186, 7192 and 6181 of mouja Burwan by virtue of inheritance.