Lapse of acquisition proceedings due to non-compliance with statutory timelines led to the revival of the petitioners' title and entitlement to compensation under the 2013 act.

JUDGMENT

Suvra Ghosh, J. - Since both the writ petitions pertain to identical issues, they are dealt with and disposed of by a common judgment.

2. It is contended on behalf of the petitioner in W.P. 31112 (W) of 2014 that the petitioner is the recorded owner of the land in plot no. 946, Mouza Krishnapur, J.L. no. 74, District Murshidabad measuring an area of about 0.19 acres. For the purpose of construction of 33KV sub-station of West Bengal Electricity Board, the second respondent initiated proceedings under the West Bengal Land (Requisition and acquisition) act, 1948 and took possession of the land under requisition by serving notice under section 3(1) of the act of 1948.

3. The petitioner in W.P. 31113 (W) of 2014 acquired title in respect of plot no. 48 measuring about 1.28 acres in J.L. no. 77, Mouza Fulpur, District Murshidabad by virtue of registered deed of sale dated 10th September 1974. The second respondent initiated proceedings under the West Bengal Land (Requisition and acquisition) act, 1948, for the purpose of maintaining supplies and service for rehabilitation of erosion-affected persons in Mouza Fulpur and took possession of the land on 18th May, 1987 under requisition by serving notice under section 3(1) of the act of 1948.

4. No notification under section 4(1a) of the act of 1948 was published in the official gazette during the life time of the said act and the land was never acquired under the said act. No compensation was granted to the petitioners under the act of 1948 or 1894 in spite of the fact that the respondents are in possession of the plot. The petitioners have claimed compensation in terms of The Right to Fair Compensation and Transparency in Land acquisition, Rehabilitation and Resettlement act, 2013 upon initiation of proceedings for acquisition of the land in terms of the said act.

5. Learned counsel for the petitioners has placed reliance on the authorities in State of West Bengal v/s. Sabita Mondal with State of West Bengal v/s. Sabitri Devi (since deceased) with State of West Bengal v/s. Nur Islam with Samir Kumar Das v/s. State of West Bengal reported in 2011 (3) CHN (Cal) 555 and Smt. Mandodori Bhakat v/s. State of West Bengal and others with Sri Kali Charan Bhakat v/s. The State of West Bengal and Others with Sri Sanjit Bhakat v/s. The State of West Bengal and Others reported in (2013) 1 WBLR (Cal) 236 in support of his contention.

6. Referring to the affidavit-in-opposition filed by the State respondents in W.P. 31112 (W) of 2014, learned counsel for the State respondents has submitted that Moulabi Osman Gani purchased 1/3rd share in plot No. 946 out of the total area of 0.59 acres. Notice under section 3(1) of the act of 1948 was issued much prior to 1st april, 1994 and possession of the land was handed over to the requiring body on 21st July, 1978. award was declared on 23rd February, 1984 and the petitioners received 80% of the said award by cheque. In view of the West Bengal acquisition Laws (amendment and Validation) act, 2011 published in the Kolkata Gazette, extraordinary on 29th May, 2012, the second proviso to sub section 3(B) of section 9 of the Principal act was incorporated. In terms of the said provision notice issued and published under section 4(1a) of the act of 1948 was deemed to be valid and question of initiation of fresh proceedings under the act of 2013 does not arise. The petitioner is not entitled to any compensation under the act of 2013.

7. The affidavit-in opposition filed by the State respondents in W.P. 31113 (W) of 2014 demonstrates as hereunder:-

Jan Mohammad Sk. purchased 2 annas share in plot no. 48 of Mouza Fulpur classified as pukur comprising a total area of 9.56 acres out of which 5.16 acres was acquired except the north-east and middle portion of the plot. Notice under section 4(1) of the act of 1948 was issued on 14th June, 1996 and possession of the land was handed over to the requiring body on 18th May, 1987. 80% of the award was declared under section 8B