Acquisition proceedings initiated under a prior statute remain valid if a formal award is passed. Subsequent legislation concerning the lapsing of acquisitions does not apply where physical possession was taken and a valid award was declared before the enactment of the newer law.

Judgment :

Ajay Kumar Gupta, J.

1. The predecessor-in-interest of petitioner nos. 1(a) to 1(g) was the owners of plot nos. 1120 and 1607, measuring an area of about 0.79 and 0.06 acres of land, respectively. Petitioner no. 2 was the owner of plot nos. 1218, 1239 and 6996, measuring an area of about 0.05, 0.20 and 0.41 acres of land respectively, and petitioner no. 3 was the owner of plot nos. 7051, 7043, 1623 and 1207 measuring an area of about 0.35, 0.24, 0.36 and 0.03 acres of land respectively, situated at Mouza – Butia, J.L. No. 33, under Police Station – Budge Budge, District – South 24 Parganas.

2. The aforesaid lands were requisitioned, including other vast areas of land, and possession thereof was taken over on 19th January, 1971, in connection with the Charial Basin Drainage Scheme after initiation of a proceeding under the West Bengal Land (Requisition &Acquisition) Act, 1948 (in short, the said Act, 1948).

3. The land was acquired under Section 4(1a) of the said Act, 1948, upon publication of a Notification being No.7242 L. A. (PW) dated 19th March, 1975, in the Calcutta Gazette and accordingly notices under Section 5(3) of the said Act, 1948, were issued to the land owners.

4. During the pendency of the proceedings initiated by the authority, the West Bengal Land (Requisition and Acquisition) Amendment Act, 1994, came into force and the life of the aforesaid Act, 1948, was extended till 31.03.1997.

5. Subsequently, Section 7A was inserted after Section 7 of the Principal Act by virtue of Section 3 of the amending Act, 1948.

6. The West Bengal Land (Requisition and Acquisition) Act, 1948, ultimately lapsed. The Government of West Bengal, Land and Land Reforms Department issued a Notification in Calcutta Gazette on 2.05.1997, notifying that the Land Acquisition (West Bengal Amendment) Act, 1997 would be deemed to have come into force on the 1st day of April, 1997. Section 9 of the Principal Act, namely Act 1 of 1894, was amended by which sub-sections (3A) and (3B) were inserted after section 9(3).

7. The respondent authorities sought to proceed to declare the Award on the basis of the earlier notice issued under Section 4(1a) of the repealed Act of 1948, although the said Act was declared repealed; as such, the writ petitioners have filed this instant writ petition seeking relief, inter alia, as follows: -

a) “a) A Writ in the nature of Mandamus commanding the respondents not to proceed any further on the basis of the notice under Sub-section (1a) of Section-4 of the West Bengal Land (Requisition and Acquisition) Act, 1948 being Notification No. 7242 L.A. (PW) dated 19th March 1975 in the Calcutta Gazette on 19th March 1975 in connection with Case No. LA-II/1 of 1968-69;

b) A writ in the nature of Mandamus commanding the respondents to pay rental compensation as admissible under the law;

c) A writ in the nature of mandamus commanding the respondent authorities to return back the possession of the land in question details of which are given in paragraph – 2 in this petition forthwith;

d) A writ in the nature of mandamus commanding the respondent authorities to pay the occupational charges on and from 1st April 1995 till the date of handing over back the possession of the land in question;

e) A writ in the nature of Certiorari calling upon the respondent