JUDGMENT :

SUVRA GHOSH, J. 

1. The prayers in the writ petition are as hereunder:-

“(b) Issue a writ in the nature of Mandamus thereby quash and/or set aside the impugned notice of eviction issued by the said National Highway Respondent authority concerned on 13.01.2023;

(c) Issue a writ of and/or in the nature of Prohibition thereby prohibiting the Respondent authorities from taking any steps regarding the eviction/removal of your petitioner without following the procedure so established by law;

(d) Issue a writ commanding the respondents and each of them or their instrumentalities to take appropriate steps in accordance with law for disbursing the adequate and fair compensation for acquisition of land along with commercial structure over the said plots of land having Plot No. 2575 and 2576 and Mouja Golgram, Police Station Galsi, Dist. Purba Bardhaman within a stipulated time period;”

2. The petitioner claims to be the absolute owner of plot no. 2576 in mouza-Galigram, J.L. No. 54, L.R. khatian no. 2452, P.S:- Galsi, District:- Purba Bardhaman measuring about 0.03 decimals by virtue of purchase from one Dilraj Sekh by deed executed on 25th November, 2020.

3. Learned counsel for the petitioner has submitted that on 26^th June, 2020 the National Highways Authority of India, (hereinafter referred to as the NHAI) issued a notification under Section 3A (1) of The National Highways Act, 1956 declaring its intention to acquire certain plots of land in several mouzas including the petitioner’s land in plot nos. 2575 and 2576. By an order passed on 28th January, 2021, the Block Land and Land Reforms Officer, (for short, B.L. & L.R.O.) Galsi-I declared that the plots were not vested and were owned by the petitioner following which they were recorded in his name. The said authority issued a notice to the Project Director, NHAI on 16^th August, 2021 for re-survey/re-measurement of the commercial structure in plot nos. 2575 and 2576. On 13th January, 2023 the NHAI Authority issued a letter to the petitioner requesting him to remove the structure from the acquired land in plot nos. 2575 and 2576 without granting fair and adequate compensation for such acquisition. A further notice was issued by the authority upon the petitioner on 29^th August, 2024, asking him to vacate the land within fifteen days of receipt of the notice.

4. Learned counsel submits that plot no. 2575 is admittedly raiyati land of the petitioner. Though the State has claimed that plot no. 2576 has been vested under The West Bengal Estates Acquisition Act, 1953, no document has been produced in support of such vesting. The petitioner’s name has been recorded as raiyat in respect of the said plot in a proceeding under Section 50 of the West Bengal Land Reforms Act. The report of the B.L. & L.R.O. also suggests that the land is raiyati land. After issuance of the notification under Section 3A of the Act of 1956, the B.L. & L.R.O. has suddenly changed the record of rights and recorded plot no. 2576 under khatian no. 1 as vested land. The NHAI Authority has no objection in granting compensation to the petitioner for both the plots and has in fact deposited the compensation amount before the State authorities who have illegally withheld the same. The petitioners seek proper and adequate compensation for acquisition of both the plots and cancellation of the notices issued by the NHAI.

5. Referring to a notification issued under Section 4(1) of the West Bengal Estates Acquisition Act, 1953, learned counsel for the State has submitted that plot no. 2576 has been vested in the State. Land acquisition proceeding was initiated under the Act of 1956 wherein the said plot was reported as raiyati by the B.L. & L.R.O., Galsi-I, Notification under section 3A and declaration under section 3D of the Act were issued accordingly. During preparation of the award, inconsistency in the share and area of the plot was detected by the Special Land Acquisition Officer, Purba Bardhaman and the matter was refer