Prabir Kumar Samanta, J. - (1.) The intricate questions involved in this writ petition are whether an acquisition made under sub-section (la) of section 4 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as the Act II of 1948) stood lapsed after a period of one year from the date of commencement of the West Bengal Land (Requisition and Acquisition) Amendment Act, 1996 (hereinafter referred to as Amendment Act of 1996) and whether the notice issued by the State/respondents under sub-section 3(B) of section 9 of the Land Acquisition (West Bengal Amendment) Act of 1997 for giving effect to such an acquisition was valid in law.
(2.) The relevant facts giving rise to the problem in this case may be shortly stated as under : A total land measuring more or less 34 cottahs (.57 decimals) comprised in two plots being plot Nos. 1787 and 1788 under Mouza Mopoharpur were belonging to the writ petitioners.
(3.) The Collector of Hooghly issued notice and/or an order for requisition of the above lands under section 3(1) of Act II of 1948 on May 1984. According to State/Respondents the possession of the disputed lands were taken over by the Collector on the said date. The writ petitioners filed a writ petition challenging the said notice and/or the order dated 9th May, 1984 made under section 3(1) of the Act 11 of 1948 on the ground of non-service of notice as well as on the ground of absence of public purpose within the meaning of section 3 of Act 11 of 1948. The said writ petition was ultimately dismissed on contest by a judgment and order dated 13th July, 1988 passed by the learned single Judge. The writ petitioners preferred an appeal being P.M.A. No. 861 of 1989 before the Division Bench of this Court. In the said appeal the writ petitioners moved a stay application on the allegation that the respondent/West Bengal Housing Board had started making some construction on the disputed lands. The said stay application was disposed of by an order dated 28th June, 1991 with the observation that the construction work as started in the plots in question such as digging of earth and measurement thereto may be effected but in no case construction work above plinth level shall be made without obtaining further orders from this Court. It may be stated that in view of dismissal of the writ petition challenging the order and/or notice of requisition under section 3(1) of Act 11 of 1948 and the aforesaid order of stay by the Division Bench on the application for stay filed by the writ petitioners in the said appeal, it cannot be said that the state authorities were precluded from making of an order for acquisition in exercise of power under sub-section (la) of section 4 of the Act II of 1948 of the suit lands so requisitioned. In fact, the Deputy Secretary of the Government of West Bengal issued a notice dated 6th July, 1991 for acquisition of the disputed lands in exercise of power under sub-section (la) of section 4 of Act II of 1948 during the pendency of the above appeal in this Court. In these state of affairs the West Bengal Land (Requisition and Acquisition) Amendment Act, 1994 came into force with effect from 1st April, 1994. By virtue of such amendment the life of the Act II of 1948 was extended until the 31st day of March, 1997 and section 3 of the said Amendment Act, 1994 provided as under : Section 3. "Section 3 of the principal Act (hereinafter referred to as the said section) shall be omitted with effect from the 1st day of April, 1994 Provided that such omission shall not - (a) affect the previous operation of the said section so omitted or anything duly done or suffered thereunder, or (b) affect any right, privilege, obligation or liberty acquired accrued or incurred under the said section so omitted, or (c) affect any inquiry, investigation, 'legal proceeding or remedy, in respect of any such right, privilege, obligation or liability as aforesaid and any such inquiry, investigation, legal proceeding or remedy may be in instituted continued or enforced as if the said section had not been so omitted : Provided further that any reference to the said section in any other provision of the principal Act shall be construed as a reference to the said section as if the said section had not been so omitted.";