JUDGMENT

Rajasekhar Mantha, J. - The brief facts relevant are that C.S./R.S. Plot No. 1 Mouza Madurdaha, at E.M. Bypass in Kolkata, comprised in 47.63 Acres of land. (R.S. Plot No.1)

2. A declaration was published under section 6 of the West Bengal Land Development and Planning Act of 1948 in respect of 265.20 Acres of Land that was numbered LD Case No.55 of 1954 55. An area of about 33.10 Acres out of the said aforesaid 265.20 Acres fell under C.S./R.S. Plot No. 1 of Mouza Madurdaha. The Land was meant for Refugee Rehabilitation Department of the State Government.

3. Possession was taken under the aforesaid LD Case of about 265.20 acres of land which included Land measuring about 33.10 Acres. In respect of the said 265 Acres of Land an award was declared of all plots excluding plots under R.S.No.1. Mouza Madurdaha. Despite the above an area of 9.29 acres of the said R.S.Plot No.1. Was taken over by the State as vested land and handed over to the Kolkata Metropolitan Development Authority (KMDA).

4. In respect of the balance 14.53 Acres in R.S No.1, L.A. Case No.4/22 of 2000/2001 was commenced by the State. An award for the entire 14.53 Acres was declared. Award in respect of one ha