IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present :-

The Hon’ble Justice PARTHA SARATHI SEN WPA 31089 of 2013 Chandana Mondal Vs.

State of West Bengal & Ors.

For the petitioner : Mr. Amit Kr. Pan, Adv., Mr. Sabir Ahmed, Adv., Mr. Tasnim Ahmed, Adv., Mr. Dhiman Banerjee, Adv., Mr. Ezaz Ahmed Adv.

For the State: Mr. Soumitra Bandyopadhyay, Sr. Adv.

Mr. Aniruddha Sen, Adv.

Hearing concluded on: 17.03.2025. Judgment on: 17.03.2025.

PARTHA SARATHI SEN, J. : –

1. By filing the instant writ petition, the writ petitioner though prayed for issuance of appropriate writ/writs for quashing and/or setting aside the proceeding being Case No. LDP/3/89/II/48 pursuant to the notification dated 11.01.1989 but in course of hearing Mr. Pan, learned advocate appearing on behalf of the writ petitioner submits before this Court that the relief as prayed for in the instant writ petition may be modified by quashing and/or setting aside the award in connection with the said proceeding as has been annexed at Page No. 11 of the supplementary affidavit of the respondent nos. 1, 2 and 3 as affirmed on 18.04.2022 since the writ petitioner at the time of filing of the instant writ petition was not aware that pursuant to the said proceeding being LDP/3/89/II/48 an award has already been published under the provisions of West Bengal Land Development and Planning Act, 1948 (hereinafter referred to as ‘the said Act of

1948’).

2. For effective adjudication of the instant lis, some admitted facts are required to be dealt with in seriatim and those are as under:

i) on 31.12.2012, the writ petitioner purchased 2 cottah and 8 chittaks of bastu land with a R.T. shed structure in R.S. Plot No. 45 in Mouza – Garfa from her vendor Kamal Dasgupta.

ii) in respect of the said plot of land along with the other land, a gazette notification was published on 11.01.1989 under Section 4 of the said Act of 1948.

iii) on 08.01.1991, a declaration was published in official gazette under Section 6 of the said Act of 1948.

iv) both in the said notification as well as in the declaration, the R.S. Plot No. 45 of the self-same Mouza was the subject matter.

v) pursuant to the said notification and declaration under the said Act of 1948, the appropriate authority proceeded under Section 8 of the said Act of 1948 and thus, published an award in connection with Case No. LDP/3 of 1989 in respect of entire acquired land to the extent of 0.554 acre in the said Mouza.

vi) the legality, validity and correctness of the said award is now under challenge in the instant writ petition.

3. In course of his argument, Mr. Pan learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to the said two notifications as published under Sections 4 and 6 of the said Act of 1948 as have been annexed at Pages 7 and 8 and Page 10 of the supplementary affidavit dated 18.04.2022 filed by the respondent nos. 1, 2 and 3.

4. At this juncture, Mr. Pan draws attention of this Court to the provisions of Section 8 of the said Act of 1948.

5. In order to arrive at a logical conclusion of the instant lis this Court considers that the provisions of Section 8 of the said Act of 1948 is required to be looked into and the same is quoted hereinbelow in verbatim:

“8. Application of Act I of 1894 subject to special provision for compensation.

“(1) After making a declaration under section 6 the State Government may acquire the land and thereupon the provisions of the Land Acquisition Act, 1894 (hereinafter in this section referred to as the said Act), shall, so far as may be, apply :

Provided that-

(a)if in any case the State Government so directs, the Collector may, at any time after a declaration is made under section 6, take possession, in accordance with the rules, of any beel, baor, tank or other watery area, or any waste or arable land in respect of which the declaration is made and thereupon such land shall vest absolutely in the Government free from all encumb