- (1.) THE petitioners in this Article 226 petition dated March 17, 2003 are questioning a notice dated March 13, 2003 (at p.48) issued by the Collector, Murshidabad under Section 5A of the Land Acquisition Act, 1894.
(2.) BY an order dated March 19, 2003 the respondents were directed "not to give any further effect to the notice dated 13.3.2003 until further orders to be passed by this Court." Stating that the lands in connection wherewith the notice dated March 13, 2003 was issued were likely to be needed for setting up of Murshidabad-Berhampore Settlement Office Headquarters, a notification under Section 4 of the Land Acquisition Act, 1894 was published in the Calcutta Gazette on July 3, 1980. Questioning the Section 6 declaration published in the Calcutta Gazette on July 19, 1982 (at p.43) CO. No. 13378(W) of 1986 was filed under Article 226. By an order dated July 13,1988 the Collector was directed to decide the Section 5A objection afresh.
(3.) QUESTIONING the award on the grounds that it was made without making the requisite Section 6 declaration CO. No. 3497(W) of 1990 was filed before this Court under Article 226. By an order dated April 12, 1999 the award was set aside. By the order dated April 12, 1999 the following directions were given : "I am of the view that after considering objection under Section 5A the concerned Collector should have issued declaration under Section 6 afresh even for technical formalities since this Court desires the same was to be done so in the aforesaid manner. Therefore, I direct the concerned Collector to communicate the result of the hearing taken place considering the objection of the petitioners under Section 5A. After communicating his decision the concerned Collector will be at liberty to proceed from the stage of Section 6 of the said Act in accordance with law. The petitioners would also be at liberty to agitate all the points, if so advised. Thereafter the Land Acquisition Collector will finalise this order. This writ petition is allowed. There will be no order as to costs. Interim order of possession stands confirmed until this acquisition proceeding reached its finality either dropping or by passing lawful award." ;