- (1.) In this writ petition, the Petitioner has sought orders directing the Respondents to forthwith initiate and complete land acquisition proceedings and release compensation to the Petitioner in respect of land described more fully in paragraph 2 of the petition, which has been under the occupation of the State Government since 1982.
(2.) Notices were issued under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948, requisitioning the land. Mr. Nabi, appearing on behalf of the State Respondents, submits that notice under Section 4(1a) was issued on 5th October, 1989, whereby the said land was acquired. The said Act expired by efflux of time on 31st March, 1997.
(3.) The State Legislature, however, amended the Land Acquisition Act, 1894 as applicable in the State of West Bengal by incorporation of Sections 9(3A) and 9(3B), which are set out hereinbelow for convenience: (3A) The Collector shall also serve notice to the same effect on all such persons known or believed to be interested in any land, or to be entitled to act for persons so interested, the possession whereof has already been taken on requisition under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to in this section as the said Act), as re-enacted by the West Bengal Land (Requisition and Acquisition) Re-enacting Act, 1977, and in every such case, the provisions of Sub-section (1) of Section 4, Section 5, Section 5A, Section 6, Section 7 and Section 8 of this Act shall be deemed to have been complied with: Provided that the date of notice under this Sub-section shall be the date of reference for the purpose of determining the value of such land under this Act: Provided further that when the Collector has made an award under Section 11 in respect of any such land, such land shall, upon such award, vest absolutely in the Government, free from all encumbrances. (3B) The Collector shall also serve notice to the same effect on all such persons known or believed to be interested in any land, or to be entitled to act for persons so interested, the possession whereof has already been taken on requisition under Section 3 of the said Act, and notice for acquisition of such land has also been published under Sub-section (4a) of Section 4 of the said Act, and, in every such case, the provisions of Section 4, Section 5, Section 5A, Section 6, Section 7, Section 8 and Section 16 of this Act shall be deemed to have been complied with: Provided that the date of publication of notice under Sub-section (1a) of Section 4 of the said Act shall be the date of reference for the purpose of determining the value of such land under this Act: Provided further that in every such case, the Collector shall make an award under Section 11 in respect of such land only for the purpose of payment of due compensation to the persons interested in such land where such land has, upon the Collector faking possession thereof, already vested absolutely in the Government, free from all encumbrances.;