JAYANTA KUMAR BISWAS,J. - (1.) The petitioners in this Article 226 petition dated April 16, 2004 are seeking a mandamus commanding the respondents to pay them compensation with interest in terms of provisions of Sections 28, 31 and 33 of the West Bengal Industrial Infrastructure Development Corporation Act, 1974 (W.B. Act 25 of 1974).
(2.) Mr. Mahato, Counsel for the petitioners, argues that in view of the provisions of Section 33 of the W.B. Act 25 of 1974 the respondents incurred an obligation to pay the amount of compensation, not yet paid, with interest. Section 33 provides as follows : "33. Payment of interest. - When the amount of such compensation is not paid or deposited on or before taking possession of the land, the State Government shall pay the amount of compensation determined with interest thereon in accordance with the provisions of Section 34 of the Land Acquisition Act, 1894."
(3.) Mr. Banerjee, Counsel for the State, argues that in view of the provisions of sub - sections (4), (5), (6) and (7) of Section 27 of the W.B. Act 25 of 1974, the respondents were empowered and entitled to take possession of the acquired lands even before determination of the compensation, and hence it cannot be said that if before taking possession the compensation was paid or deposited, then they would incur an obligation to pay interest under Section 33 of the W.B. Act 25 of 1974.;