BASUDEV S KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners are questioning the notice issued by the Collector under section 9(3A) of the Land Acquisition Act, 1894, inserted by the Land Acquisition (West Bengal Amendment) Act, 1997. The notice was issued on March 1st, 2006.

(2.) Counsel submits that in view of Division Bench decision of this Court in Sterling Stock Brokers Pvt. Ltd. & Ors. vs. State of West Bengal & Ors., reported at 2001(1) CHN 531, the Collector was not empowered to issue the notice, since the requisition proceedings had been initiated under the West Bengal Land (Requisition and Acquisition) Act, 1948, and since it was held in that Division Bench decision that provisions in section 9(3A), under which the notice has been issued, were prospective in nature.

(3.) I do not find any merit in this contention. The admitted position is that the writ petition, out of which the appeal arose, and in which the relied on Division Bencn decision was given, was finally withdrawn by the petitioners therein, when the appeal of the State was being heard by the Apex Court. Their Lordships of the Apex Court permitted the petitioners of that case to withdraw the writ petition. That Division Bench decision thus merged with the final order of the Apex Court permitting withdrawal of the writ petition.