Bhattacharya, J.

1. TWO different Benches of this Court having taken a view contrary to the one earlier taken by another Division Bench of this Court in the case of State of West Bengal v. Soumendra Mohan Dey, reported in ILR [2003] 1 Cal 410, these four matters have been assigned to us by the Hon'ble Chief Justice.

2. THE first three cases have been referred by a Division Bench consisting of Ashim Kumar Banerjee and Tapas Kumar Giri, JJ., while the fourth matter has been referred by another Division Bench of Ashim Kumar Banerjee and Prasenjit Mandal, JJ. The facts giving rise to filing of these references may be summed up separately : F.M.A. No.486 of 2007 State of West Bengal and Ors. versus Smt. Sabita Mondal and Ors.

3. THIS appeal is directed against the order dated January 16,2002 passed by Justice Dilip Kumar Seth in W.P. No. 13189 (W) of 2001. By the said order, His Lordship held that in view of the decision in W.P. No. 17107 (W) of 2000 (Sabitri Devi and Ors. v. The State of West Bengal and Ors.), the notice issued under Section 9(3B) of the Land Acquisition (West Bengal Amendment) Act, 1997 should be treated as one under Section 9(3A) and the compensation should be