The determination of compensation under the provisions of the 2013 Act should apply to land acquisition proceedings initiated under the 1894 Act but not concluded with an award, and the failure to publish an award within the prescribed period would result in the lapse of the proceedings.

JUDGMENT

Rai Chattopadhyay, J. - The respondents/writ petitioners' challenge in this appeal is twofold, predominantly that the Ld. First Court should not have directed the State to consider afresh any proposal of 'direct purchase' of their land as there is no scope for it to do so having the land acquisition case now been ended into declaration of award and elementarily that the compensation assessed and the notice of payment of compensation issued by the State on 8th February, 2016, is wholly erroneous and liable to be set aside, having not taken into its fold the provisions of section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( 2013 Act).

2. The appeal has however, been preferred by the State, challenging the order of Ld. First Court dated 7th October, 2021. Let us first go through the impugned order.

3. The Court records the writ petitioners/respondents' case to have arisen out of their grievance that the State Authorities acquired and utilized the plot of land owned by them for the purpose of construction of a road but no compensation for the same has been granted to the petitioners. A notification is referred to, i.e, Notification No.756-I.P/IA-03/14(Pt-II) dated 25th February, 2016. Court records that in view of the said notification, the writ petitioners/respondents are agreeable to the proposal of the State for 'direct purchase' of the land, in terms of the said notification.

4. Court further records and directs the State Authority to deal with the matter and consider the proposal for direct purchase of the land of the writ petitioners, utilized for the purpose of construction of road in terms of the said notification. It has further been directed that the entire exercise should be completed within four months from the date of communication of the order and after affording reasonable opportunity of hearing to all the affected parties including the writ petitioners, in accordance with law.

5. With this order the writ petition was disposed of, without, however, inviting any affidavits.

6. For better understanding of the issue, let the said notification be produced hereinbellow :

GOVERNMENT OF WEST BENGAL

Land and Land Reforms Department

Land Policy Branch

NABANNA (6th Floor)

325, Sarat Chatterjee Road, Howrah-711 102.

No. 756-LP/1A-03/14(Pt-II)

Date: 25.02.2016

MEMORANDUM

It has been observed that often important infrastructure projects like food godowns, roads, bridges etc. are not fully commissioned for want of small parcels of land. To ensure the optimal utilization of public funds and early implementation of such projects, direct land purchase from land owners may become necessary.

2. The State Government has considered the immediate need of land for such projects.

3. Now, therefore, the Governor is hereby pleased to allow the various departments of the State Government and also the Central Government department(s) or its organization(s) based on merit of its project to go in for the direct purchase of land for public purpose mainly involving the early commissioning of infrastructure projects like roads, railways, bridges, food godowns, drinking water, flood protection works and other similar projects, as the Government may consider, in rural and/or urban areas through ZillaParishad/Municipality/Municipal Corporation/ other Government bodies and parastatals, as the case may be, by adopting the following procedures :

(i) (a) The administrative department(s) will take concurrence of the Standing Committee on Industry, Infrastructure & Employment before going ahead with the purchase of land indicating its tentative location, quantum and financial involvement. In terms of Finance Department Memorandum No. 862-FB Dated 14/10/2015, the administrative department shall get the proposal vetted by the Finance Department before placing it for Cabinet approval.

(b) The Central Government department or its organization i.e. the Requiring Body will take prior approval/ concu