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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA, J.
Pawan Kumar Chowdhury and Others – Petitioners
Versus
State of West Bengal and Others – Respondents
WPA No. 10244 of 2016, FMA No. 2421 of 2008, WPA No. 15608 of 2004, IA No. CAN/1/2004 (Old No. CAN of 9418/2004), CAN No. 2/2004 (Old No. CAN of 9419/2004), CAN No. 4/2009 (Old No. CAN/770/2009)
Decided On : 23-08-2024
Land Acquisition - West Bengal Land (Requisition and Acquisition) Act, 1948 - Sections 3, 4(1a), 7A; Land Acquisition Act, 1894 - Sections 9(3A), 9(3B), 11A - The court interpreted the lapse of acquisition notices and the revival of land titles, concluding that the original owners regained title after the lapse of acquisition proceedings.
Fact of the Case:
The writ petitioners sought to quash an order rejecting their request for land release, claiming the land was free from acquisition due to the lapse of notices under the West Bengal Land (Requisition and Acquisition) Act, 1948.
Finding of the Court:
The court found that the notice under Section 4(1a) of the 1948 Act lapsed on 31.03.1995, reviving the original owners' title to the land, and that the petitioners, having purchased the land post-lapse, were entitled to challenge the acquisition.
Issues: Whether the notice under Section 9(3B) of the Land Acquisition Act could revive lapsed acquisition proceedings under the 1948 Act.
Ratio Decidendi: The court held that once the notice under Section 4(1a) lapsed, the original owners' title revived, and the acquisition proceedings could not be validated by subsequent notices under Section 9(3B).
Result: The impugned order was set aside, declaring the lands free from acquisition proceedings and directing fresh acquisition proceedings if necessary.
JUDGMENT :
HIRANMAY BHATTACHARYYA, J.
1. The writ petitioners have prayed for issuance of a writ of mandamus commanding the respondents to quash the order of the LA Collector (HIT, Howrah) dated 16.02.2015 and for a declaration that the plots of land being RS Dag No. 1447, 1446, 1445, 1441, 1443, 1328, 1332, 1442, 1444 and 1371 of Mouja Pakuria. JL No. 54 which were subject matter of LA case nos. 26/Act-II/86-87, 29/Act-II/86-87 and 29/1/Act-II/86-87 are free from acquisition proceedings and for a direction upon the respondent authorities to release the lands and deliver symbolic possession to the writ petitioners. Alternatively the writ petitioners prayed for initiation of a fresh land acquisition proceedings under Act 30 of 2013.
2. The subject matter of the writ petition relates to Plot Nos. 1447, 1446, 1445, 1441, 1443, 1328, 1332, 1442, 1444 and 1371 Possession of the aforesaid lands were taken under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (Act II of 1948) on 24.05.1988. Thereafter, a notification under Section 4(1a) of the West Bengal Act II of 1948 was published by the Government of West Bengal in the Kolkata Gazette. The writ petitioners claim to have purchased the aforesaid plots excepting plot no. 1337 between 10.03.2000 and 07.06.2000 from the erstwhile recorded owners by virtue of several registered deed of conveyance. Plot no. 1337 was purchased by the writ petitioners sometimes in the month of February, 2002 from the erstwhile recorded owners by a registered deed of conveyance. The writ petitioners claim that they have got possession of the aforesaid lands from their vendors and their names were duly recorded in the record of rights. The writ petitioners claim that on 17.05.2004 a notice was issued by the Special Land Acquisition Officer (HIT, Howrah) intimating them that in course of hearing under Section 9(3B), the petitioners were found to be the persons interested and, therefore, they were directed to attend the hearing on 26.05.2004. An award was declared on 11.10.2004 and the valuation of lands was assessed as on the date of publication of notification for acquisition on 14.12.1989.
3. Challenging the notice dated 17.05.2004 the writ petitioners filed a writ petition being WPA 3719 of 2005 which was disposed of by an order dated 01.02.2010 directing release of the lands to the petitioners. The State of West Bengal preferred an appeal against the said order dated 01.02.2010 being FMA 1120 of 2010 and the Hon’ble Division Bench by a judgment and order dated 03.01.2013 was pleased to set aside the direction to release the lands and the respondent authorities were directed to hear the writ petitioners on the basis of the notice dated 17.05.2004.
4. The writ petitioners filed a Special Leave Petition before the Hon’ble Supreme Court being SLP (Civil Number) 38146 of 2013 and the Hon’ble Supreme Court was pleased to dispose of the said Special Leave Petition by an order dated 16.12.2014 by giving liberty to the writ petitioners to move before the authorities in terms of the order passed by this Court.
5. Thereafter, the writ petitioners submitted a representation dated 13.01.2015. Such representation was disposed of by the LA Collector (HIT, Howrah) by an order dated 16.02.2015 by rejecting the prayer for release of the land in question. The said order is under challenge in this writ petition.
6. Mr. Bera, learned Advocate appearing in the writ petitioners submitted that though notice under Section 4(1a) of Act II of 1948 was published on 14.12.1989 but no award was passed on or before 31.03.1995. He, therefore, submitted that the notice under Section 4(1a) stood lapsed after 31.03.1995. He further submitted that no notice under Section 9(3A) or 9(3B) were issued by the respondents to revive the lapsed proceeding. He further contended that upon lapse of the notices under Section 4(1a) of Act II of 1948, the property which stood vested upon publication of such notice got divested and the
The court established that lapsed acquisition notices under the 1948 Act result in the revival of original ownership, and subsequent notices cannot validate expired proceedings.
Failure to comply with statutory timelines for land acquisition leads to the lapse of the acquisition, reviving the original owner's title to the land.
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 co....
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