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