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

THE HON’BLE JUSTICE HIRANMAY BHATTACHARYYA W.P.A. 17380 OF 2015 TULIKA CHOWDHURY & ORS.

VS.

STATE OF WEST BENGAL & ORS.

For the Petitioners : Mr. Amit Kumar Pan Ms. Tanusri Santra ….. advocates For the State : Mr. Chandi Charan De Mr. Tulshi Das Ray …. advocates Reserved on : 14.11.2024 Judgment on : 15.01.2025 Hiranmay Bhattacharyya, J.:-

1. Petitioners have prayed for issuance of a writ of mandamus commanding the respondents to determine and pay compensation to the petitioners upon initiating a fresh proceeding in respect the lands of the petitioner in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the 2013 Act"). Alternatively, the petitioners have prayed for payment of occupation charges with effect from 01.04.1997 till the date of initiation of proceeding under 2013 Act or handing over possession of the land if the respondents do not intend to acquire the same.

2. A proceeding under the West Bengal Land (Requisition and Acquisition) Act, 1948 (for short "Act II of 1948") was initiated being R.A. Case No. 72 of 1975-76 for construction of Burwan - Belgram road. The Collector, Murshidabad issued an order on 07.12.1981 under Section 3(1) of Act II of 1948 for requisition of several plots of land within mouja Burwan, J.L.No. 56, under Police Station.

Burwan in the district of Murshidabad.

3. Petitioners claim to be the owners of R.S. Plot Nos. 7196, 7202, 7191, 7185, 7186, 7192 and 6181 of mouja Burwan by virtue of inheritance.

4. The aforesaid plots along with several other plots of mouja Burwan were requisitioned under the aforesaid proceeding. Petitioners claim that the order under Section 3(1) was served upon their predecessor-in-interest on 09.12.1981. Notice under Section 4(1a) of Act II of 1948 was published in the Official Gazette on 19.12.1994.

5. Petitioners allege that no award under Act II of 1948 was declared during the life time of the said Act and no steps were taken in terms of the Land Acquisition (West Bengal Amendment) Act, 1997 for continuing with the acquisition proceeding. The petitioners claim that the land has been utilised for the purpose of construction of road without paying compensation to them.

6. State of West Bengal contested the writ petition by filing an affidavit-in-

opposition and a Supplementary Affidavit. In the said affidavits it is contended that notice under Section 9(3B) of the Land Acquisition (West Bengal Amendment) Act, 1997 was served on 21.08.1998 and the award was declared on 29.03.2000. It has been further stated therein that the names of the predecessor-in-interest of the petitioners are appearing as awardees in the said Award.

7. Mr. Pan, learned advocate for the petitioner submitted that the notice under Section 4(1a) of Act II of 1948 stood lapsed as no award was made by the Collector within the period of three years from the date of publication of such notice in the Official Gazette. In support of such contention, he placed reliance upon the decision of the Hon'ble Full Bench in the case of State of West Bengal vs. Sabita Mondal reported at 2011(3) CHN (Cal) 555. He submitted that since the Land Acquisition Act, 1894 has been repealed, no award can be made under the said Act. Mr. Pan submitted that since the land in question has been utilised for construction of road, the acquisition proceeding should be completed by following the relevant provisions of the 2013 Act. In support of such contention, Mr. Pan placed reliance upon the decision of the Hon'ble Division Bench in the case of The State of West Bengal & Ors. vs. Ganesh Samanta reported at (2014) 4 WBLR (Cal) 996

8. Per Contra, Mr. De, Learned Additional Government Pleader contended that notice under Section 9(3B) of Land Acquisition (West Bengal Amendment) Act, 1997 was served upon the petitioners on 21.08.1998 and award was declared on 29.03.2