Point of Law: No reasonable explanation being given by the petitioners for such inordinate delay, this court should not go into the stale demand of the petitioners after lapse of years.

JUDGMENT :

SUVRA GHOSH, J.

1. As the three writ petitions pertain to a common grievance of the petitioners and also dispute regarding acquisition of the land in question, all the three writ petitions are being disposed of by a single judgment.

2. The grievance of the petitioners in the three writ petitions against the respondents is that though they have acquired right, title and interest in respect of land in plot no. 142 under Mouza – Ruisanda, J.L. No. 211, L.R. Khatian No. 223, R.S. Khatian No. 218, Police Station- Kharagpur, District :- West Medinipur, by virtue of registered deeds of sale and are in possession of such property, the respondents claim to have acquired the property comprising 0.70 acres. The respondents have neither awarded any compensation for the same to the petitioners, nor taken physical possession of the land in question.

3. It is submitted on behalf of the petitioners that one Lakshmikanta Manna who was the original owner of land in plot no. 142 under Mouza- Ruisanda, J.L. No. 211, L.R. Khatian No. 223, R.S. Khatian No. 218, Police Station- Kharagpur, District:- West Medinipur, sold out 0.09 acres of land in the said plot in favour of one Jiten Maity by virtue of registered deed and Jiten Maity in turn transferred the said land by virtue of a registered deed in favour of one Kartick Chandra Maity. Kartick Chandra Maity sold out the land to one Bijoy Kumar Sharma who in turn sold out the same to the petitioner in WPA 10142 of 2020.

4. Similarly, the petitioner in WPA 10143 of 2020 acquired right, title and interest in respect of 0.14 acres of land in plot no. 142 by virtue of purchase from Hrishikesh Dey and Dipak Kumar Dey who purchased the same from the erstwhile owner.

5. The petitioner in WPA 10151 of 2020 acquired right, title and interest in respect of 0.14 acres of land in plot no. 142 by virtue of purchase by registered deed from Hrishikesh Dey and Dipak Kumar Dey.

6. Pursuant to applications filed by the petitioners before the Block Land and Land Reforms Officer, Kharagpur-I praying for mutation of their names in respect of their purchased portions, the Revenue Officer intimated the petitioners vide notice dated January 10, 2011 under section 51/57 of the West Bengal Land Reforms Act, 1955 that 0.70 acres of land in plot no. 142 having been acquired, a local inspection would be held on January 18, 2011 in presence of the petitioners for determination and demarcation of the land. No such inspection was held on the relevant date and it was learnt that supplementary award amounting to Rs. 1,68,982/- was prepared relating to acquisition of land in plot no. 142 and was sent to the Land and Land Reforms Department for approval. No approval has yet been received.

7. It is further contended that it appears from the letter dated May 11, 2017 issued by the Collector, West Medinipur to the Principal Secretary of Government of West Bengal, Land and Land Reforms Department that even after lapse of more than five and a half years after the supplementary award was prepared, approval of the same has not been granted, nor any compensation awarded to the land owners. The petitioners are in actual physical possession of the land in question and the authorities have neither paid any compensation to the petitioners, nor taken possession of the land and as such, in view of the provision laid down under section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the acquisition case is deemed to have lapsed. The petitioners approached the authorities by an application for declaring the acquisition proceedings as lapsed and for deleting the entry in the relevant record of rights in respect of 0.70 acres of land in plot no. 142 in the name of West Bengal Industrial Infrastructure Development Corporation Limited. The said applications were disposed of by the concerned authority in compliance with an order of this court in WP No. 7612 (W) of 2019, WP No. 7614