Where acquisition proceedings under the West Bengal Land (Requisition and Acquisition) Act, 1948, and a subsequent notice under Section 9(3B) of the Land Acquisition Act, 1894, have lapsed, the petitioners are entitled to fresh proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013.

JUDGMENT :

(Jay Sengupta, J.) :

1. This is an application under Article 226 of the Constitution of India praying for direction upon the respondents to complete the acquisition by initiating a proceeding under the provisions of the Right to Fair and Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013 and to pay compensation money to the petitioners in respect of lands recorded in R.S. plot nos. 591/521 and 522 of Mouza Nonadanga, J.L. 10, Police Station Yadavpur (now Tiljala) within the District of South 24 Paraganas according to share in land that were sought to be acquired through LA-II/18 of 1967-68.

2. Mr. Bera, learned senior counsel appearing on behalf of the petitioners, submitted as follows. In 1968-69 the Government initiated a proceeding for acquisition of various plots of lands of Mouza – Nonadanga and Laskarhat, Police Station Tiljala, District – 24 Parganas, which included amongst others R.S. Plot No. 591, 521 and 522 of Mouza: Nonadanga for the purpose of construction of link channel connecting the Corporation Drain with the Tollygunge Panchanangram Basin Drainage Scheme under West Bengal Act II of 1948. The acquisition proceeding was registered as Case No. LA-II/156 of 1967-68. On 18.11.1969, possession was taken under Section 3 of the West Bengal Act II of 1948 and the same was delivered to the Requiring Body, the Irrigation Department. A notification under Section 4 (1a) of West Bengal Act, II of 1948 was published in the Official Gazette on 23.05.1975. But, no award was declared as per provision of West Bengal Act II of 1948 on the basis of the said notification. On 31.03.1997, life of West Bengal Act II of 1948 expired. On the expiry, the entire proceeding stood lapsed by operation of law. The requisition expired on the midnight of 31.03.1997 and so also the notice under Section 4(1a) stood lapsed. So, the property was divested and the ownership reverted back to the land owners. A notice under Section 9(3B) of the Land Acquisition Act, 1894 was issued on 15.11.2002 for the purpose of assessment of compensation as per provisions of the Land Acquisition (West Bengal Amendment) Act, 1997. No award was declared on the basis of the said notice under Section 9(3B) within two years from the date of notice. The notice stood lapsed by operation of law. Eventually no award was declared under Land Acquisition (West Bengal Amendment) Act, 1997 till 01.01.2014. The effect of the West Bengal Act 25 of 1996 was that all the cases of acquisitions which were initiated under the provisions of Act II of 1948, the notifications under Section 4 (1a) of the said Act of 1948 would lapse if the awards were not declared within the time fixed by Amendment Act of 1996 and accordingly, the question of revival and/or giving life to the lapsed notifications published under Section 4(1a) of the said Act II of 1948 did not arise. Further, admittedly the West Bengal Act of 1948 was a temporary statute. The temporary statute is effaced from the statute book on the expiry of its period. The West Bengal Act II of 1948 expired on 31.03.1997. The purpose of enacting the said Amendment Act, 1997 was to complete the requisition and acquisition proceedings which were initiated under the West Bengal Land (Requisition and Acquisition) Act, 1948, but could not be completed by publishing award within 31st day of March 1997. The first proviso to Section 9(3B) could not be reconciled with Section 7A of the Act. Challenging the vires of the first proviso to sub-section 9(3B) of the Land Acquisition Act as amended by the Land Acquisition (West Bengal Amendment) Act, 1997, a writ petition being WP No. 17107 (W) of 2000 (Sabitri Devi and Others Vs. State of West Bengal) was filed in this Hon’ble Court whereupon the Hon’ble Single Judge, by judgment and order dated 24th December, 2001, was pleased to hold that in cases where the notices under Section 4(1a) of the 1948 Act stood lapsed on 31st March 1997, the provision of