2011 Supreme(Cal) 804

High Court of Calcutta
B. Bhattacharya, Aniruddha Bose, Sambuddha Chakrabarti, JJ.
State of West Bengal – Appellant
Versus
Sabita Mondal – Respondent
F.M.A. No. 486 of 2007, F.M.A. No. 798 Of 2007, F.M.A. No. 41 of 2008, F.M.A. No. 90 of 2009
Decided on : Jun 17, 2011

The notices under Section 4(1a) of the Act of 1948 which were issued prior to March 31, 1992 and in respect of which no award had been passed by March 31, 1995, had already lapsed and by the Amendment Act 1997 of the Land Acquisition Act by the West Bengal Legislature, no provision has been made for revival of the lapsed notices which stood lapsed already on March 31, 1997 for non-compliance of the provision of Amendment Act of 1996.

Headnote:

LAND ACQUISITION ACT - SUB-SECTION (3B) OF SECTION 9 - NOTICES UNDER SECTION 4(1A) OF THE WEST BENGAL LAND (REQUISITION AND ACQUISITION) ACT, 1948 - LAPSE OF NOTICES BY REASON OF INSERTION OF SECTION 7A IN THE ACT OF 1948 - PROVISIONS OF SECTION 9(3B) OF THE LAND ACQUISITION (WEST BENGAL AMENDMENT) ACT, 1997 - APPLICABILITY.

Fact of the Case:

Notices under Section 4(1a) of the West Bengal Land (Requisition and Acquisition) Act, 1948 were issued in various cases. No award was declared under Section 7 of the said Act on or before March 31, 1995. Subsequently, notices were issued under Section 9(3B) of the Land Acquisition (West Bengal Amendment) Act, 1997. The question arose whether the lapsed notices earlier issued under Section 4(1a) of the Act 2 of 1948 can be revived by issuing a notice under sub-section (3B) of Section 9 of the Land Acquisition (West Bengal Amendment) Act, 1997.

Finding of the Court:

1. The notices under Section 4(1a) of the Act of 1948 which were issued prior to March 31, 1992 and in respect of which no award had been passed by March 31, 1995, had already lapsed and by the Amendment Act 1997 of the Land Acquisition Act by the West Bengal Legislature, no provision has been made for revival of the lapsed notices which stood lapsed already on March 31, 1997 for non-compliance of the provision of Amendment Act of 1996. 2. By the Amendment Act of 1997 only those notices under sub-section (1a) of Section 4 which would have lapsed on the midnight of March 31, 1997 or on subsequent dates, have been saved.

Issues: Whether by issuing a notice under sub-section (3B) of Section 9 of the Land Acquisition (West Bengal Amendment) Act, 1997, the lapsed notices earlier issued under Section 4(1a) of the Act 2 of 1948 can be revived.

Ratio Decidendi: 1. The Amendment Act of 1996 cast a duty upon the Collector to 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 and if such award is not made within the period as aforesaid, the said notice should lapse. 2. The effect of the LAND ACQUISITION (WEST BENGAL AMENDMENT) ACT, 1997 which came into operation on the midnight between March 31, 1997 and April 1, 1997 prevented all those notices under sub-section (1a) of Section 4 issued after April 1, 1994 from being lapsed by giving scope of revival by way of a notice under sub-section (3B) of Section 9 of the said Act if award had not been passed within three years from the date of publication of such notice and which would otherwise lapse if the said Act of 1997 would not come into operation at the midnight of March 31,1997.

Final Decision: 1. The appeals filed by the State are dismissed, and the order passed by the learned Single Judge is affirmed. 2. In F.M.A. No.90 of 2009 (Samir Kumar Das and others v. State of West Bengal and others), the State is given an opportunity to find out the alleged notice under sub-section (1 a) of Section 4 of the Act. If it appears that such a notice was issued prior to March 31, 1992, the same should be treated to have lapsed and the State shall give fresh notice under Section 9(3A) of the Act and will, proceed accordingly. 3. If it appears that by following the principles laid down by the Court in these cases, the notice under sub-section (1a) of Section 4 has not lapsed the compensation should be calculated on the basis of the valuation as on that date of such notice. 4. At any rate, fresh award should be passed in accordance with law within six months from the date of the judgment.