A writ petition challenging land acquisition proceedings is not maintainable if the petitioners have filed references under section 18 of the Land Acquisition Act, 1894.

( 1 ) THESE appeals (FMA Nos. 672 of 2004 and 671 of 2004)have been filed by the State of West Bengal (hereinafter referred to as "the State")and Bengal Peer less Housing Development Co. Ltd. (hereinafter referred to as "the Bengal Peerless") against the judgement of the learned Single Judge dated 18. 5. 2004 passed in W. P. No. 10051/2002/2004 whereby the learned single Judge has disposed of the writ petition by setting aside the land acquisition proceedings being L. A. Case No. 4/14 of 2000-2001 initiated by the state in respect of the land owned by the respondents. FMA No. 790 of 2006 has been filed by Smt. Krishna Majumdar and others. This common judgment will dispose of all the aforesaid three appeals, as the facts and the law involved are common.

( 2 ) TWO facts as called out from the judgement of the learned Single Judge and the pleadings of the parties are as under: respondent Nos. 1 to 4 claim to be owners of 6. 78 acres of land. According the respondents, they purchased the aforesaid land with a view to develop the same by construction of an International School, a Cultural Centre, I. T. Park and Housing Complex. They had been in negotiations with the West Bengal housing Board (hereinafter referred to as "the Housing Board" ). However, before any project could be finalised, notification under section 4 (1) of the Land acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 12. 12. 2000 seeking to acquire the land measuring 5. 9275 hectares (12. 67 acres)for implementation of a Housing Scheme. The respondents were given to understand by the officers of the Housing Board that in the event, they did not prefer any objection to the Notification, the Housing Board would be inclined to sanction the project of the respondents and also allow them to participate in the same. The respondents, therefore, filed only a token reply on 8. 3. 2001 (Annexure P-2 to the writ petition) but did not seriously object to the proposed acquisition proceedings. Thereafter, declaration under section 6 (1) of the Act dated 29. 11. 2001 was published in the "asian Age" on 4. 12. 2001. Subsequently, the respondents came to know that the land had been acquired for the purpose of handing over the same for development and implementation of a Housing scheme by the Housing Development Co. Ltd. (hereinafter referred to as "the bengal Peerless" ). Thereafter, the respondents also came to know that the collector had passed an award, L. A. Case No. 4/14 of 2000-2001 on 22. 9. 2003. The respondents came to know about it when notice was received by them on 16. 2. 2004. Through this notice, respondent Nos. 1 to 4 were informed that since the actual ownership and names of awardees could not be ascertained, the compensation amount has been deposited under section 31 (2) of the Act with the learned Special L. A. , Judges' Court, Alipore. These respondents, therefore, filed Writ Petitionno. 10061 (W) of 2004 challenging the acquisition proceedings. In the writ petition, it has been pleaded that the land acquisition proceedings have lapsed by efflux of time. It was pleaded that the declaration under section 6 of the Act had been published on 29. 11. 2001 and the award has been made on 22. 12. 2003. Since it was beyond a period of two years, entire acquisition proceedings have lapsed by operation of section 11a of the Act. It was also the pleaded case of the petitioners that the declaration was not published in the locality as required under section 6 (2) of the Act. Therefore, the date of declaration will be deemed to be 4. 12. 2001 at the latest, when the same was published in the newspaper. Since the acquisition proceedings had lapsed by operation of law, the question of the petitioners withdrawing the compensation amount or challenging the same does not arise. However, without prejudice to their rights and conditions in the writ petition, the petitioners have been advised to file by way of abundant caution applications