Acquisition of land under Section 4(1) read with Section 17(1) of the Land Acquisition Act, 1894 - Ground of urgency - Requirement of Section 5A

JUDGMENT :

Bibek Chaudhuri, J.

1. One Krishnendu Saha and Phani Bhusan Saha, since deceased were joint owners in respect of Dag No.276 appertaining to khatian No.99/1 and 293/1 in mouza-Tarulia, JL No.21 recorded as Sali (Agricultural) land measuring about 34 decimals under Rajarhat Police Station in the district of North 24 Parganas. Be it mentioned that during the pendency of the instant writ petition, the petitioner No.2 Phani Bhusan Saha expired and his legal heirs and successors, namely, Gopal Saha and Jayanta Saha have been substituted as petitioners No.2A and 2B in the instant writ petition. It is stated by the petitioners that the aforesaid land in question was in use and occupation and possession of the petitioners since they became the owners of the said land. The petitioners paid all rents and taxes to the State of West Bengal till 1416 BS. It is further stated by the petitioners that by a purported notification No.281/LA-4/167 of 98-99/NTP dated 11th January, 1999 under Section 4(1) of the Land Acquisition Act, 1894, the respondent No.3 required the said land for public purpose, for establishment of New Town-Rajarhat Township. The petitioners have alleged that the said notice under Section 4(1) of the Act 1 of 1894 was never served upon them and they collected the said notice under Right to Information Act on 11th June, 2010 from the officer of the LA Collector, North 24 Parganas. Further case of the petitioners is that the petitioners along with other villagers/farmers made an agitation against the impugned notification in respect of requisition and acquisition of land of Patharghata Tarulia Mouza in the name of Rajarhat-New Town project by the State authorities adopting oppressive measures. The agitation of the petitioners and other local people was suppressed by the State authorities by lodging FIR against them on the basis of which Rajarhat Police Station Case No.195 dated 11th June, 2004 under Sections 148/149/341/323/427/506/397 of the IPC was registered. Subsequently, police submitted charge-sheet against a large number of people of Patharghata and Tarulia Mouza which gave rise to GR Case No.111/04 which is still pending before the learned Chief Judicial Magistrate at Barasat. Therefore, the petitioners were not in a position to make any objection under Section 5(A) of the Act 1 of 1894. It is also alleged that the petitioners were never served with any notice of acquisition of land under Section 9(2) of the said Act. The respondent authorities did not follow statutory provision for service of notice. Petitioners being the persons interested in respect of the land in question which was illegally acquired by the State of West Bengal, particularly the Collector, North 24 Parganas, the respondent No.3 herein, were also not in a position to file a claim for compensation in respect of the land acquired illegally for public purpose. Though, the petitioners used to reside at the relevant point of time in Mouza Tarulia, no notice under Section 9(2) of the said Act was issued to the petitioners. They were not allowed to participate in the process of passing award of compensation for the land acquired illegally under Section 11 of the said Act. The petitioners were not served with any copy of the award sheet under Section 11 of the said Act. Various provisions of Section 4, Section 11, Section 12 and Section 23 were not followed by the respondent.

2. On the above pleadings the petitioners has prayed for following reliefs:-

“(a) A Writ of or in the nature of Mandamus do issue, commanding the respondent authorities to quash the impugned Notification being No.LA 4/167 of 1998/99 forthwith.

(b) A Writ of or in the nature of Mandamus do issue, commanding the respondent authorities to allow the petitioners to make objections under Section 5(A) of the Land Acquisition Act, 1894 and make claims for compensation under Sub-Section 1 and 2 of Section 9 of the said Act forthwith.

(c) A Writ of or in the nature of Mandamus do issue comm