JUDGMENT :

ARIJIT BANERJEE, J.

In Re: M.A.T. No. 358 of 2018

1. A Judgment and order dated August 7, 2017, whereby W.P. No. 8661 (W) of 2007 was disposed of by a learned Single Judge, is the subject matter of challenge in this appeal.

2. The undisputed facts of this case are as follows:

(i) Land of the respondents/writ petitioners was acquired by the State, in connection with LA Case No. 4/10 of 1996-97.

(ii) Notification under Section 4 of the Land Acquisition Act, 1894 (in short ‘the 1894 Act’) dated May 19, 1998 was published in the Calcutta Gazette on July 20, 1998.

(iii) As would appear from the aforesaid notification, in exercise of powers conferred by Section 17(4) of the 1894 Act, the Governor directed that the provisions of Section 5A of the Act shall not apply to the lands described in the schedule to the notification, since, in the opinion of the Governor, the provisions of Section 17 (1) of the 1894 Act, are applicable to such lands.

(iv) Declaration under Section 6 of the 1894 Act, dated November 5, 1998 was published in the Calcutta Gazette on January 4, 1999.

(v) No compensation was ever paid to the writ petitioners.

3. Being aggrieved by non-payment of compensation, the writ