Pranab Kumar Chattopadhyay, J.

These three appeals arise out of three writ petitions which were dismissed by a common judgment and order passed by a learned Judge of this Court. We have heard these three appeals analogously since the facts are similar and the questions of law involved therein are identical and furthermore, the said appeals arise out of a common judgment passed by the learned Single Judge.

The appellants herein purchased the lands in question by executing several registered Deeds of Conveyance during the period commencing on and from 1985. From the records, we find that the lands in question were requisitioned under Section 3 of the West Bengal Land (Requisition & Acquisition) Act II of 1948 (hereinafter referred to as Act II of 1948) on 23rd September, 1975. The possession of the lands in question was handed over to Eastern Coalfields Limited on 18th June, 1976. The said lands were thereafter acquired under Section 4 (1a) of the aforesaid Act II of 1948 by publishing notification in the Calcutta Gazette dated 1st December, 1988. However, no award has yet been passed in respect of the aforesaid lands.

The appellants/writ petitioners herein by filing the writ petitions before this Court prayed for issuing appropriate directions on the respondent authorities for releasing the acquired lands in question after quashing the acquisition proceedings since no award has yet been passed in respect of the said land. The writ petitioners also prayed for compensation for depriving them of their right to enjoy the landed property in question.

The learned Single Judge by the impugned judgment and order under appeal rejected the claims of the writ petitioners on the ground of delay in moving the writ petitions challenging the acquisition proceedings. While dismissing the writ petitions the learned Single Judge also held that the writ petitioners are post-vesting purchasers.

Considering the submissions of the learned advocate of the respective parties and going through the available documents we find that the lands in question were requisitioned under Section 3 of Act II of 1948 and subsequently, possession of the same were handed over to Eastern Coalfields Limited. It also appears that a notice under Section 4 (1a) of Act II of 1948 was published in the official gazette on 1st December, 1988. Undisputedly, no award has been declared under Section 7A of the aforesaid Act II of 1948.

The Land Acquisition Case being L.A. Case No. 45R/75-76 lapsed since the said L.A. Case was not processed by the Land Acquisition Collector due to non-placement of funds by the requiring body. As a matter of fact, the Land Acquisition Collector, Burdwan under Memo dated 21st June, 2011 informed the appellants herein as hereunder :

Government of West Bengal

Office of the Collector, Burdwan

L. A. Section

Date :-21/06/2011

Memo No.………..L. A./Sqd-V/11

To,

1) Sri Kalicharan Bhakat,

S/O-Ltd. Teja Bhakat

2) Smt. Mandodari Debi Bhakat,

W/O-Kalicharan Bhakat

3) Sri Sanjit Bhakat, S/O-Sri Kalicharan Bhakat.

All of Village – Saldanga Bhaktapara,

P.O. –Ranigung,

Dist.-Burdwan,

Pin-713347.

Sub: Ownership of Land in connection with L.A. Case No. 45R/75-76.

Ref: Your Advocate’s Letter No. Nil dated 20-04-2011.

With reference to above the undersigned is to inform that in mouza-Searsole, J.L. No. 17, P.S.-Raniganj, R.S. Plot Nos. 610, 613 & 613/2495 have been acquired with respective area of 0.30 acre, 2.89 acres and 0.84 acre as per proviso of L.A. Act –II1894. But as the R. B., Eastern Coalfields Limited, has not placed the fund so this office is not in a position to proceed further.

Hence, the noted L.A. case is lying pending. Sd/-

L.A. Collector, Burdwan

Sqd-V

An important document being Memo No. 3663 L.A./Sqd.-V/10 dated 20/08/2010 has been disclosed by the State Respondents in the Affidavit-in-Opposition filed in connection with the Stay Application. In the aforesaid Memo dated 20/08/2010 Collector, Burdwan specifically admitted that the Land Acquisition Case in qu