STATE OF WEST BENAGAL Vs. SABITA MONDAL

JUDGEMENT

(1.) ALL these three appeals involve identical question of fact and law and as such are disposed by this common judgment.

(2.) THE facts are almost identical in all these three cases. The respondents' properties were requisitioned by the State under section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as Act II ). The properties were taken over possession in 1967, 1975 and 1979 respectively. In all three cases the State also intended to acquire the said lands under section 4 of Act ii and issued respective notices on January 01. 02. 1981, March 07, 1981 and July 26, 1983 respectively.

(3.) AS per the Act II the State was entitled to take possession of any land in question by requisitioning the said property in exchange of payment of rental compensation. However, if any requisitioned land was required by the State and State intended to acquire the same the State was entitled to issue necessary notice under section 4 (1a ). After such notice was issued there was detailed procedure with regard to assessment and payment of compensation under Act II.