D.K. Seth, J.

The Question: Mr. Debayan Bera, learned counsel for the petitioner has challenged the vires of the proviso to section 9 (3B) of Land Acquisition Act, 1894 (hereinafter referred to as the 1984 Act), as amended in West Bengal by Land Acquisition (West Bengal Amendment) Act, 1997. According to him by reason of West Bengal Act XXV of 1996, introducing section 7A in West Bengal Land <Requisition and Acquisition) Act, 1948 being Act II of 1948, (hereinafter referred to as the 1948 Act), a notice issued under section 4(1a) of 1948 Act shall stand lapsed unless award is made within 3 years from the date of publication of the notice, if issued after 1st of April, 1992 or within one year from 1st of April. 1994 if issued 2 years before 1st of April, 1994. Thus, the proviso providing calculation of compensation on the basis of the valuation on the date of issue of notice under section 4(1a) of Act II of 1948 has two impact. One in respect of notices under section 4(1a) of the 1948 Act which are valid and have not lapsed by reason of section 7A of the 1948 Act, can very well be treated as good law. But the other would revive a lapsed notice without amending section 7A of 1