IMPORTANT POINT
The court emphasized the importance of due process of law and the right to fair compensation in land acquisition proceedings, as guaranteed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

JUDGMENT :

Jay Sengupta, J.

1. This is an application under Article 226 of the Constitution of India, praying for a direction upon the respondent authorities to stop illegal digging or any other construction work in the land of the petitioners, to pay compensation to the petitioners for the damage caused and to restore possession of the land and in the alternative, to pay compensation to the petitioners for the land taken over at the present market value.

2. Mr. Subba, learned appearing on behalf of the petitioners, submitted as follows. The petitioner no. 1 became the owner of about 1.82 acres of land as contained in plots that were conveyed by a deed of purchase dated 19.03.2007. By a deed of gift dated 06.10.2007, some portion was then conveyed to the petitioner nos. 2 and 3. All of a sudden the petitioners found that the Army authorities were digging up their land and doing construction work there with the help of cranes and machinery without any prior notice to or consent of the petitioners. The petitioners protested and the work stopped for the time being. The valuation of the said plot was purportedly Rs. 25 lakhs at that time. In view of the above, the petitioners prayed for release of their land and if the same was found impossible because of utilisation, for compensation under the new Act of 2013 as also for the damage suffered by the petitioners in the meantime.

3. Mr. Tiwari, learned counsel for the respondent no. 5, submitted as follows. The initial road sector Damdim Gorubathan measuring 13.100 kms. was constructed by the West Bengal Public Works Department. The road sector was handed over to the Border Road Organization during October, 1968 after the heavy floods and consequent damages to the word sector. From Gorubathan to Algarh, there was a mule track. The road was improved to CL-9 specifications by the Border Road Organization after 1968. The old road Kalimpong Lahasa Trade Route via Jelepa was developed to class 9 specification upto Rishi by the West Bengal Public Works Department during 1963-1964. The road, Damdim Algarh was a vital line of communication of Army convoy during emergencies. The road was an alternative route to Gangtok and served as main line of communication of civil population of West Bengal and all parts of State Sikkim during road blocks on NH-31A (Sevoke Gangtok Road). The road was very important for the national security and integrity of the Union of India and it served the purpose of effective defence. The existing land width available, i.e. road reserve land as per the register of GREF, which was a part of auditable documents, was 80 feet for the particular road from KM 0.00 to 68.00. Construction/improvement of the road Damdim Algarah Rishi from class 9 to National Highway double lane specifications was required due to increase in the volume of traffic intensity, requirements of Sikkim Government and strategic importance of China Border. The road was also used for plying to Sikkim when NH was blocked due to heavy landslide during monsoon season. The land acquisition for the improvement of road between km. 20.00 to km. 49.00 had been jointly carried out with the Land Acquisition Department, Darjeeling (West Bengal) during the year 2009. Based on the survey a proposal for acquisition of 27.86 acres of land for widening of road Damdim to Algarh, the tentative estimate amount of Rs. 2,45,17,160/-(Rupees two crores forty five lakhs seventeen thousand one hundred and sixty only) had been reimbursed and same was remitted to the office of the Collector, Darjeeling, Land Acquisition Department, Government of West Bengal vide 87 RCC letter No. 2681/24/E2 dated 19th December 2011 through Defence Cheque bearing No. K-912374 dated 15th December 2011, for further disbursement of affected land owners. In order to expedite payment to land owners, all efforts had been taken and further the correspondence made with the District Magistrate, Darjeeling. In different paragraphs of the opposition filed by