JIBAN KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants claimed to be the owners of different contagious plots at Mouza - Manikdihi under Police Station Kaliganj in the District of Nadia. In 1960, the Land Acquisition Collector requisitioned the said land for the ultimate purpose of acquisition under the West Bengal Land (Requisition and Acquisition) Act, 1948 for the purpose of construction of raising and straightening Jagat Khali Food Protection Embankment. After the appropriate order of requisition it was the obligation of the State to take appropriate steps for ultimate acquisition of the property by initiating an acquisition proceeding issuing notice under Section 4(1a) of the said Act of 1948. The legislature subsequently enacted a law namely the West Bengal Land (Requisition and Acquisition) Act, 1994 giving its effect on and from March 31, 1994 by which Section 3 of the said Act of 1948 was omitted. The life of the said Act of 1948 was however, limited till March 31, 1997 by subsequent amendment made in 1996. Hence, on and from March 31,1997. the said Act of 1948 stood repealed, as a result of such repeal the owners became entitled to get back possession of the said land in question,

(2.) On May 2, 1997 the Land Acquisition (West Bengal Amendment) Act, 1997 was enacted which came into force with effect from June 4, 1997 giving its retrospective effect on and from April 1, 1997 to revive the pending acquisition proceedings under the Repeal Act of 1948. Two new Sections were introduced by the said amendment in the Land Acquisition Act of 1894 being Section 9(3)A and 9(3)B. Both the Sections are set out below :-

(3.) On a plain reading of both the amended Sections it would appear that under sub-section 3A and 3B, the Collector was given power to initiate proceedings for acquisition under the said Act of 1894 by issuing appropriate notice in cases where property was in possession of the State on requisition under Section 3 of the said Act of 1948.