SATYANARAYANA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners are alleging that though possession of their land which was subject-matter of the land acquisition proceedings initiated by the Collector by publishing the requisite section 4 notification dated November 16,2001 had been taken by the authorities in 1998 even before initiating the acquisition proceedings, till date nothing has been paid to them on account of compensation.

(2.) From the section 4 notification, I find that provisions in section 17(4) of the Land Acquisition Act, 1894 were invoked, and that the competent authority directed that provisions in section 5A would not apply to the land described in the schedule to the notification. On instructions Counsel for the State respondents submits that since no award was made in the acquisition proceedings, in terms of provisions in section 11A the proceedings lapsed. She says that the award could not made and declared by the Collector, since the requiring body did not make the fund available.

(3.) Since the National Highways authority has been enjoying the property as the ultimate beneficiary, I directed Advocate for the petitioners to give notice to that authority. In response to notice that authority has entered appearance. Counsel for that authority submits that the State Public Works Department was liable to put in the requisite fund needed for paying the compensation. Since that authority is not a party in the present writ petition, I allow the oral prayer made by Counsel for the petitioners for its addition. Hence, I order that the National Highways shall be added in the case as the sixth respondent. The cause papers shall be amended at once.