STATE OF WEST BENGAL Vs. ASIATIC INVESTMENT LIMITED

JUDGEMENT

(1.) THE instant appeal has been preferred at the instance of the State of West Bengal and its authorities assailing the judgment and order passed by a learned Judge of this Court whereby and where under the said learned Judge allowed the writ petition on merits. While allowing the writ petition, learned Single Judge of this Court declared that the entire acquisition proceedings relating to the property in question stood lapsed on account of publication of the award after the expiry of the prescribed period as provided in Section 11a of the Land Acquisition Act, 1894. The learned Single Judge, therefore, held that the award, having been made in a lapsed proceeding, is a nullity and accordingly, quashed the same.

(2.) THE facts relating to the acquisition proceedings in respect of the property in question are briefly narrated- hereinafter.

(3.) ON 16th June, 1998, a notification was published in the Calcutta gazette under Section 4 of the Land Acquisition Act, 1894 for acquisition of the third floor of Premises No. 1, Acharya Jagadish Chandra Bose Road, kolkata-20 for the purpose of providing barrack accommodation to Calcutta police personnel. On behalf of the writ petitioners, objection was filed under Section 5a of the said Act on 24th September, 1998. The declaration under Section 6 of the aforesaid Act was published in the Calcutta Gazette on 14th January, 1999. The copy of the aforesaid declaration was also published in the newspaper "ganasakti" on 20th January, 1999.