The court established that incomplete land acquisition proceedings under the 1948 Act lapse under Section 24(1)(a) of the 2013 Act, mandating compensation determination according to the latter.

JUDGMENT :

Arijit Banerjee, J.

1. A Judgment and order dated January 9, 2018, whereby the writ petition of the respondent nos. 1 and 2 herein, being W.P. 11798(W) of 2017, was disposed of by a learned Judge of this Court, is the subject matter of challenge in this appeal at the instance of the State of West Bengal, and the Land Acquisition Collector Burdwan.

2. The material facts of the case are not in dispute. The respondents writ petitioners were owners of land described in details in the writ petition. Such land was taken over by the State Government for the purpose of constructing a road, in exercise of power under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as the 1948 Act). It appears that possession of the land was made over to the requiring body sometime in December, 1976. No notice under Section 4(1a) of the 1948 Act, for acquiring the concerned land, was ever published by the State Government. The proceeding under the 1948 Act was converted into a proceeding for acquisition of the land under the provisions of the Land Acquisition Act, 1894 (in short the 1894 Act), by issuing notice under Section 9(3A) of the 1894 Act to the persons interested including the respondents-writ petitioners herein. Hearing under Section 9 (3A) of the 1894 Act was completed in December 2013. The State says that the Award was prepared and was duly approved by the then Collector, Burdwan before the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short the 2013 Act) came into force. However, admittedly such Award was never published nor the writ petitioners received any compensation for their land possession of which was taken over by the State Government.

3. Being aggrieved, the writ petitioners approached a learned Single Judge of this Court by filing W.P. no. 11798(W) of 2017 primarily with the following prayer-

“A) A writ in the nature of mandamus directing the respondents, their men, agents and subordinates to pay the compensation as per market value of plot no. 459 measuring 44 cents under Irkona Mouza, J.L. No. 103, Khatian No. 1049, Galsi –II as requisition acquisition vide order Case No. 121(82) LASGD-1113 of market price of lands since the date of acquisition in the year with product value with interest @ 10% as applicable.”

4. Before the Learned Single Judge a report in the form of affidavit was filed by the then Land Acquisition COLLECTOR, Shri Subrata Mandal, on January 2, 2018. The said report clearly stated that no Award had been made in connection with the concerned land acquisition case. Taking note of the said report the learned Judge held that since the 2013 Act has come into force and the 1894 Act stands repealed, the State cannot any more attempt to determine compensation under the 1894 Act. The State must determine compensation in terms of Section 24(1) (A) of the 2013 Act and utilize all the provisions of that Act which are applicable for determination of compensation. The material date for compensation of market value would be the date when fresh notice is issued.

5. The learned Judge disposed of the writ petition with the following directions.

“A) The State of West Bengal shall issue notice in terms of Section 24(1) A of the Act of 2013 granting at least 15 days’ time to the writ petitioners and other persons in terms of the Act of 2013 within a period of a fortnight from the date of communication of this order.

The State of West Bengal shall determine the compensation through the proper authority after hearing the concerned parties by passing a reasoned award within a period one month from the date of concluding the hearing.

The state of West Bengal shall thereafter proceed to pay compensation as determined under the provisions of Section 24(1) A of the Act of 2013 to the writ petitions and other persons interested expeditiously, but positively within a period of one month from the date of determination of the