SATTAR ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE seven petitioners in this writ petition dated July 17, 2008 are seeking a mandamus commanding the respondents to pay them compensation:for acquisition of their lands under provision's of the Land Acquisition Act, 1894.

(2.) IN August. 1995 several notifications under section 4(1) of the Land Acquisition Act, 1894 were issued by the Collector, Malda stating that the lands particulars whereof were recorded in the schedules to the notifications were likely to be needed "for a public purpose, viz, for Const, of retired Embankment of Farakka and to be taken by the Government at the public expense." It was stated in the notifications that the provisions of section 71 of the Land Acquisition Act, 1894 would be applicable to 'the proceedings for the acquisition of the lands and that the provisions of section 5A would not apply. Copies of the notifications have been produced by the petitioners with the writ petition, and genuineness thereof has not been questioned by the respondents who have filed an opposition without saying anything pertaining to the section 4 notifications. According to the petitioners, lands owned by them were included in the schedules to the notifications, and this claim has remained undisputed.

(3.) RELYING on an order of the Government dated May 16,1997, Annexure R1 at P.7, Ms Mukherjee, counsel for the State, has contended that since the lands had been eroded by the raging flooded river before the acquisition proceedings could be concluded by making and declaring award and handing over possession of the lands to the requiring body, the petitioners are entitled only to solatium that the Government has decided to pay as a matter of grace. The question is whether the respondents can refuse compensation payable according to the provisions of the Land Acquisition Act, 1894.