Notices under Section 4(1a) of the West Bengal Land (Requisition and Acquisition) Act, 1948 issued prior to March 31, 1992, and for which no award was passed within 3 years, had already lapsed and could not be revived by the Land Acquisition (West Bengal Amendment) Act, 1997.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. For the purpose of making provision for new freight terminal facilities for South Eastern Railways at Sankrail in the district of Howrah, land acquisition proceedings were initiated under LA case No. 4 (Act II) of 1980-81, 5 (Act II) of 1980-81, 9 (Act II) of 1980-81, 1(Act II) of 1985-86, 1 (Act II) of 1988-89, 3 (Act-II) of 1988-89, 4 (Act-II) of 1988-89 and 5 (Act II) of 1988-99 pursuant to the provision of West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter described as the 1948 Act) for acquisition of several agricultural lands measuring about 212.3 acres in total, lying and situated at different dag numbers of Mouza-Chaturbhuj Kati, Mashila, Sankrail Jala and Kolora under police station Sankrail in the district of Howrah. Amongst the said lands, petitioners’ agricultural land were also proposed to be acquired. On initiation of acquisition proceedings, notices for requisition of the land of the petitioners’ were issued under the provision of Section 3(I) of the West Bengal Land (Requisition and Acquisition) Act, 1948 by the competent authority.

2. It is pertinent to mention that the said notices under the 1948 Act are issued by the respondent No. 2 during the period between 1986 and 1989. It is submitted by the petitioners that the 1948 Act was enacted purely as a temporary measure to provide for requisition and speedy acquisition of land for certain purposes which was originally indented to be in force till 31st day of March, 1951. However, the said period was extended from time to time and finally it was extended till 31st March, 1997 by the West Bengal Act 25 of 1996. Section 7 of the 1948 Act deals with the compensation payable in course of or in connection with the requisition and acquisition proceeding under the said Act. Section 7 of 1948 Act culls out the provisions and principles to be followed in determining compensation to the persons whose land is requisitioned for the purpose of acquisition. The petitioners’ further state that the land which was intended to be requisitioned by the respondents were agricultural land being regularly cultivated by the petitioners’ from the time of their predecessors for earning their livelihood and with issuance of notice under Section 3(I)(A) of the said Act, the domain on control over the said land were taken over by the respondent, without acquiring any right, ownership or restraining the petitioners from using of the respective lands, pursuant to the provision of sub-Section (3) of Section 7 of the 1948 of Act. Some the petitioners received part compensation on adhoc basis under the provision of Section 8 (B) of the said Act. In respect of LA case No. 4 (Act II) of 1981, 5 (Act II) of 1988-89, 9 (Act II) of 1980-81, 1 (Act II) of 1988-89 and 1 (Act II) of 1988-89. Notices under Section 4 (1a) of the said Act was issued and published in Calcutta Gazette respectively of 12th February, 1991, 12th December, 1990, 20th April, 1992, 27th March, 1992, 21st December, 1990 and 18th December, 1989 respectively. No notice under Section 4(1a) of 1948 Act was however issued and\or published in respect of LA cases No. 3 (Act II) of 1988-89, 4 (Act II) of 1980-81 and 5 (Act II) of 1988-89 and the land requisitioned pursuant to the proceedings initiated in connection with the LA cases No. 3 and 4 were subsequently released from the said requisition pursuant to the provision of Section 6 of the 1948 Act. It is further stated by the petitioners that although it was mandatory and statutory duty of the respondents to serve notice upon the petitioners whose land were allegedly acquisitioned, but no such notice was served upon the petitioners.

3. It is also submitted by the petitioners that although pursuant to the provision of Section 4 of Act 2 of 1948, it was mandatory for the respondents to serve notice upon the petitioners whose land were a