D.K. Seth, J. - (1.) An order was dictated on June 12, 2001 and was also signed. Subsequently the matter was mentioned for which the matr was again put on the list. On June 14, 2001 another order was passed. Both these orders were passed on the basis that no Notice under sub-section (3A) or (313) of Section 9 of the West Bengal Amendment of the Land Acquisition Act 1894 hereinafter referred to as the 1894 Act was issued as was reflected in the impugned order dated May 2, 2001. But Mr. Kar Gupta mentioned this matter subsequently. He pointed out that a Notification under Section 4(la) of West Bengal Land (Requisition and Acquisition) Act (hereinafter referred to as the 1948 Act) Act-II of 1948, had already been issued and than a Notice under Section 9(3B) of 1894 Act was also issued. So, there was no question of lapse of the proceeding. Therefore, the matter was again listed for order and is being taken up today for hearing.
(2.) It seems that the orders were proceeded wholly on a wrong premise. The facts being altogether different and being contrary to the facts divulged or recorded in the order dated 12th June, 2001 the matter required reconsideration. Therefore, the matter is being treated as on the day's List by consent of the parties and is being taken up for final disposal.
(3.) The West Bengal Act II of 1948 was amended by West Bengal Land (Requisition and Acquisition) (Amendment) Act 1994 (W.B. Act No. XIV of 1994 published in the official Gazette on 31st March, 1994) hereinafter referred to as 1994 Act. By virtue of the said amendment the validity of the said Act II of 1948 was extended till 31st of March, 1997 by replacing the respective words, figures and letters in sub-section 4 of Section 1 thereof. Section 3 of Act II of 1948 was omitted with effect from 1st of April, 1994 subject to certain savings provided in the proviso thereto.;