ASHIM KUMAR BANERJEE, J.

(1) ALL these three appeals involve identical question of fact and law and as such are disposed by this common judgment.

(2) THE facts are almost identical in all these three cases. The respondents properties were requisitioned by the State under section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as Act II). The properties were taken over possession in 1967, 1975 and 1979 respectively. In all three cases the State also intended to acquire the said lands under section 4 of Act ii and issued respective notices on January 01. 02. 1981, March 07, 1981 and July 26, 1983 respectively.

(3) AS per the Act II the State was entitled to take possession of any land in question by requisitioning the said property in exchange of payment of rental compensation. However, if any requisitioned land was required by the State and State intended to acquire the same the State was entitled to issue necessary notice under section 4 (1a). After such notice was issued there was detailed procedure with regard to assessment and payment of compensation under Act II.

(4) IN all three cases State did not take any effective step for assessment and payment of compensation after expressing their intention to acquire the said land by giving notice under section 4 (1a). This situation continued for long. In 1994 the legislature amended the said Act by the West Bengal land (Requisition and Acquisition) (Amendment) Act, 1994. Under the said amending Act it was provided that section 3 which gave power to the State to requisition any property would stand withdrawn with effect from april 01, 1994. It was also provided that such withdrawal or omission would not affect the pending cases. Since section 3 gave the power to requisition the land which was the principal basis of the Act II, although the said Act was not repealed in toto the purpose and/or benefit of the said Act as envisaged in section 3 was withdrawn with effect from April 01. 1994.

(5) IN 1996 the West Bengal Land (Requisition and Acquisition) (Amendment) Act, 1996 came into force by which a new section was incorporated in the parent Act of the Act II by incorporating section 7a which is set out as follows:

"7a. Award by Collector.-The Collector shall make an award under sub-section (2) of section 7 within a period of three years from the date of publication of the notice in the Official Gazette under sub-section (1a) of section 4 (hereinafter referred to as the said notice) and if such award is not made within the period as aforesaid, the said notice shall lapse: provided that in a case where the said notice has been published more than two years before the commencement of the West Bengal Land (Requisition and Acquisition) (Amendment) Act, 1994, (West Ben. Act 14 of 1994), the award shall be made within a period of one year from the date of commencement of that Act. Explanation.-In computing the period of three years or one year as the case may be, under this section, the period during which an action or proceeding to be taken in pursuance of the said notice is stayed by an order of a Court having jurisdiction, shall be excluded."

(6) HENCE, on a combined reading of Act II so amended in 1994 and then in 1996 if would appear that the Government was debarred from requisitioning any property after April 1, 1994. However, the pending cases were kept alive for a definite period. Under section 7a the Collector was directed to complete the pending cases within a stipulated period. It provided that the Collector would have to publish an award within three years from the date of notice issued under section 4 (1a) and if no such award was made within that period, that case would automatically lapse. It was further provided that in a case where notice had been published more than two years before 1994 amendment, the award must be made within a period of one year from the date of commencement of "that Act". In explanation it was clarifi