PALLAV KUMAR BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred at the instance of the writ petitioners. The said writ petitioners moved the writ petition being W. P. No. 4361 (W) of 1997 challenging the notice issued under section 5 of the West Bengal Land (Requisition and Acquisition) Act, 1948 as well as the notification published in the Calcutta Gazette on 14th October, 1996 under sub-section (1a) of section 4 of the said Act of 1948 for acquisition of Premises No. 11, Sarat Bose Road, Kolkata.

(2.) From the records it appears that another writ petition was moved earlier by the said writ petitioners challenging the notification issued under section 3(1) of the said Act of 1948 which was numbered as C.R. No. 15177 (W) of 1979. The said writ petition was ultimately disposed of by the order dated 10th September. 1993 passed by the learned Single Judge of this Court in the following manner:

(3.) In the subsequent writ petition wherefrom the present appeal arises, it has been alleged that notwithstanding the service of notice communicating the earlier order dated 10th September, 1993 passed in the earlier writ petition being C. R. No. 15177(W) of 1979, the concerned authority neither acquired the property in question within the time specified by the learned Single Judge in the said order dated September 10,1993 nor the concerned authority released fee. said property. The writ petitioners, therefore, urged before this Court in the aforesaid writ petition that the aforesaid order dated 10th September, 1993 passed by the learned Single Judge in the earlier writ petition being not complied with, the concerned Land Acquisition Collector is estopped from proceeding any further with the acquisition of the property in question and the action taken in this regard by the said Land Acquisition Collector is wrongful and illegal since the prescribed time of acquisition mentioned in the earlier order of this Court dated 10th September, 1993 has admittedly been expired. The said writ petition ultimately came up for hearing before another learned Single Judge on 11th March, 1998 when the said learned Single Judge upon hearing the rival contentions of the respective parties dismissed the writ petition.