SM. DIPTI CHANDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner in this writ petition dated February 27, 2004 is seeking a mandamus directing the Respondents to give her vacant and peaceful possession of the immovable property at premises No. 9, Sarsuna Paddy Land and to pay her compensation at the market rate. She is also seeking a writ of certiorari quashing the requisition order and acquisition notice issued and published by the authorities with respect to the property.

(2.) Her case is this. On October 7, 19(33 she purchased the land. Then she applied for mutation, and after her name was mutated she started paying rent from the year 1964. She also started paying municipal rates and taxes. On September 28, 1965 the Land Acquisition Collector 24 Paragarias (now South 24 Parganas) initiated certain proceeding under the West Bengal Land (Requisition and Acquisition) Act, 1948. Subsequently the proceedings were dropped. But proceedings under that Act were again initiated in 1979. On February 28, 1985 certain order was made. No notice, however, was served on her, and she was not paid any compensation.

(3.) In 1996 she moved this Court by filing a writ petition, registered as CO. No. 5756 (W) 1996, which was disposed by an order dated July 2, 1998. The order requisitioning the property was quashed on the ground that the acquisition proceedings had not been concluded before expiry of life of the 1948 Act. It was, however, said that if any acquisition proceedings were initiated by issuing notice under Sec. 4 of the Land Acquisition Act, 1894, and if such proceedings did not lapse by efflux of time, then such proceedings should be concluded within six months from the date of communication of that order. It was ordered that in the absence of any acquisition proceedings and conclusion thereof, the authorities would hand over peaceful possession of the land to the Petitioner. Order was made for payment of compensation, on conclusion of the acquisition proceedings, in terms of the provisions in Sec. 23 of the Land Acquisition Act, 1894. There is nothing to show that after that order the Petitioner took any steps or anything happened giving rise to a cause of action entitling her to take out the present writ petition.