High Court Of Calcutta
Before Bhaskar Bhattacharya, ACJ. And Kishore Kumar Prasad, J.
RANJIT KUMAR DAS - Appellant
Versus
THE STATE OF WEST BENGAL - Respondent
A. S. T. 3234 Of 2006
Decided On : 01/31/2007
LAND ACQUISITION - WEST BENGAL LAND REFORMS ACT - ACT SECTION LIST - SECTIONS 4 (A), 4 (B), 4 (C), 16 OF THE WEST BENGAL LAND REFORMS ACT, 1955; SECTION 23 (2) OF THE LAND ACQUISITION ACT, 1894 - SUMMARY - The court dismissed three writ petitions filed by landowners challenging the acquisition of their lands under the Land Acquisition Act, 1894. The petitioners claimed that the acquisition was not in accordance with the law and that they were still in possession of the acquired land. The court held that the petitioners had no subsisting interest in the acquired land as they had already received compensation pursuant to the modified award passed by the court in an earlier writ petition. The court also held that the excess lands acquired by the government were subsequently given to the Haldia Development Authority and the Haldia Municipality for public purpose and, therefore, the petitioners had no right to get back such excess land.
Fact of the Case:
The petitioners, who were landowners, filed writ petitions challenging the acquisition of their lands under the Land Acquisition Act, 1894. They claimed that the acquisition was not in accordance with the law and that they were still in possession of the acquired land.
Finding of the Court:
The court held that the petitioners had no subsisting interest in the acquired land as they had already received compensation pursuant to the modified award passed by the court in an earlier writ petition. The court also held that the excess lands acquired by the government were subsequently given to the Haldia Development Authority and the Haldia Municipality for public purpose and, therefore, the petitioners had no right to get back such excess land.
Issues: Whether the petitioners had any subsisting interest in the acquired land.
Ratio Decidendi: The court held that the petitioners had no subsisting interest in the acquired land as they had already received compensation pursuant to the modified award passed by the court in an earlier writ petition. The court also held that the excess lands acquired by the government were subsequently given to the Haldia Development Authority and the Haldia Municipality for public purpose and, therefore, the petitioners had no right to get back such excess land.
Final Decision: The court dismissed the writ petitions.
( 1 ) ALL the aforesaid three matters were heard analogously as facts involved herein are to some extent similar. We, however, propose to dispose of all these three matters by giving separate judgments one after the other. W. P. L. R. T. No. 221 of 2006 arup Kumar Jana and Ors. Versus the State of West Bengal and Ors.
( 2 ) THIS writ-application is at the instance of an applicant before the west Bengal Land Reform and Tenancy Tribunal and is directed against order dated February 6, 2006 passed by the said Tribunal thereby rejecting an application filed by the writ-petitioner being O. A No. 272 of 2006 wherein the writ-petitioner prayed for relief under Sections 4 (A), 4 (B) and 4 (C) of the West bengal Land Reforms Act, 1955.
( 3 ) THE case made out by the writ-petitioners in this application under article 226/227 of the Constitution of India may be summed of thus :
a) The writ-petitioners are the owners in respect of the lands described in this application. In the year 1967-68, land acquisition cases were initiated and some of the lands belonging to the writ-petitioners acquired but such acquisition was not in conformity with law. The acquiring authority did not follow the guidelines and conditions which were require'd to be followed in acquiring the land in accordance with the Land Acquisition Act. The writ-petitioners are still in possession of their acquired land.
b) A negligible amount was paid to the predecessor-in-interest of the writ-petitioners towards compensation against the purported acquisition. In the past, another writ-application was filed being c. O. No. 2039 (W) of 1981 before this Court and ultimately this court by an order dated March 23, 1981 disposed of such writ-application by setting aside the award passed in the land acquisition proceeding and directing the concerned authority to pass fresh award.
c) Three writ-applications are still pending wherein prayers have been made for return of the land, passing of fresh award and solatium, and direction for alternative accommodation and employment to each member of the family.
d) Recently men and agents of the respondents had been deployed to fill up the land including the portents of the writ-petitioner. The petitioners had lodged several complaints before the Police authority praying for stalking those illegal activities and for preventing those persons from converting the nature and character of the land but such illegal activities are going on infringing the right of the petitioner.
e) The petitioners are rayat of the lands which would appear from the document issued by the concerned authority. In view of such illegal activities of the respondents, the writ-petitioners moved the West bengal Land Reforms and Tenancy Tribunal thereby giving rise to file O. A. No. 272 of 2006 but the Tribunal by the order impugned herein had rejected such application. Hence, the present writ-application.
( 4 ) THIS writ-application is contested by not only the State of West bengal but also the Haldia Development Authority (respondent No. 14) and the case made out by the said respondent No. 14 may be summarised thus :
a) A considerable area of land in the Mouza Hatiberia under the Police station Haldia was acquired in the year 1968 for the purpose of requirement of the Haldia Dock Complex. The said proceeding for acquisition was initiated by the Government or the State of West bengal under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the Act ). Pursuant to such proceedings land of the writ- petitioners and/or their predecessors were acquired after complying with the requirement of the Act and compensation were also paid.
b) A large number of persons were dissatisfied with the amount of compensation awarded and preferred a writ-application being C. O. No. 2029 (W) of 1981 and the learned Single Judge of this Court disposed of the said writ-application by directing the Special Land acquisition Collector, Midnapore t
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