ANIRUDDHA BENERJEE Vs. LAND ACQUISITION COLLECTOR (GENERAL), HOWRAH

JUDGEMENT

(1.) The two petitioners in this writ petition dated 25.6.2007 are aggrieved by the orders of the Land Acquisition Officer, Howrah dated 10.9.1996, Annexure P-9 at p. 69, rejecting their application dated 23.3.1994, Annexure P-3 at p. 51, filed under section 28-A of the Land Acquisition Act, 1894 and 14.9.2001, Annexure P-19 at p. 104, rejecting their application dated 6.10.1997, Annexure P-10 at p. 74, filed seeking review of the order dated 10.9.1996.

(2.) The petitioners are the children of one Brojendra Nath Banerjee. Lands owned by Brojendra and others were first requisitioned by making an order under section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 and then the State Government decided to acquire all the requisitioned lands; and accordingly, covering all the lands, the requisite section 1 (1-a) notice was issued. For acquisition of all the lands one section 4 (1-a) notice was issued and with the publication of the notice all the lands stood vested in the State Government. For the purpose of determination of compensation the Collector, however, initiated three land acquisition cases and he did so, presumbly, for administrative convenience. The case initiated with respect to Brojendra's land was : L.A. Case No. 87 (Act II) of 1973-74.

(3.) In the three land acquisition cases the Collector determined compensation and made and declared three awards. While the other persons aggrieved by the awards made in their respective cases submitted requisite application requesting the Collector to refer the matter for determination of Court, Brojendra did not submit any application seeking a reference. On the basis of applications made by the persons aggrieved by the awards made in the other cases references were made to the Land Acquisition Tribunal, Howrah and the references were registered as L.A. Misc. Case No. 5 of 1988, (Gopichand Paul Vs. State of W.B.), and L.A. Misc. Case No. 38 of 1988, (Shyam Chand Paul Vs. State of West Bengal). By an order dated 31.10.1990 the Tribunal decided L.A. Misc. Case No. 5 of 1988 upholding the amount of compensation determined by the Collector. But by an order dated 6.1.1994 in L.A. Misc. Case No. 38 of 1988 the Tribunal increased the amount of compensation determined by the Collector and for the purpose the Tribunal relied on an order made by it in L.A. Misc. Case No. 3 of 1989.