- (1.) These appeals have been filed challenging the judgment and order dated 24.08.2010 passed by the learned Single Judge of this Court in W.P. 12311 (W) of 2011 whereby and whereunder the learned Single Judge set aside the impugned notice of acquisition dated 9th May, 2000 and also the award dated 8th May, 2002 and passed directions for initiating appropriate acquisitions proceeding in accordance with law and other consequential directions. Factual Matrix The facts of the instant case may be summarised as follows : a) The respondent/petitioner was the owner of plot No. 2548/2872 measuring an area 0.09 acres of land and the said land was situated within the Mouza Kasba under Police Station Jadavpur (presently known as Kasba), J.L. No, 13 district South 24-Parganas (hereinafter referred to as the said plot). b) For the public purpose of building a road namely, R.B. Connector under East Calcutta Metropolitan Development Project, sometime in the year 1979-1980 the Collector initiated proceeding under the West Bengal Land (Requisition and Acquisition) Act, 1948 (W.B. Act II of 1948) (since repealed) being case No. LA/II/1968 of 1979-1980 for requisition of a vast area of lane including the said plot. c) The requisition was initiated by serving a notice under section 3(1) of the W.B. Act 2 of 1948. The possession of the said land was taken sometime in the year 1980. d) On or about 14th January, 1988 the authorities acquired the said plot upon publication of notification under section 4(1A) of W.B. Act 2 of 1948 and the said notification was duly published in the Extraordinary Kolkata Gazette on 14th January, 1988. e) on 1st April, 1994, the West Bengal Land (Requisition and Acquisition) (Amendment) Act, 1994 (hereinafter referred to as W.B. Act IV of 1994) came into force extending the life of W.B. Act II of 1948 up to 31.03.1997. f) On 8th October, 1996, the West Bengal Land (Requisition and Acquisition) (Amendment) Act, 1996 (hereinafter referred to as the W.B. Act XXV of 1996) came into force with retrospective operation 01.04.1994. g) On 13th March, 1997 W.B. Act II of 1948 lapsed. h) On 2nd May, 1997 Land Acquisition (West Bengal Amendment) Act, 1997 (W.B. Act of 1997) was notified and the same came into force retrospectively from 1st day of April, 1997. i) In view of W.B. Act XXV of 1996, as no award in the instant case had not been declared on or before 1st April, 1995, case No. LA 11/68/1979-80 stood lapsed. j) On 12th January, 1998, the petitioner was served with notice under section 9(3A) of Act I of 1894 as amended by W.B. Act 7 of 1997. k) In response to the said notice, on 19th January, 1998 the petitioner duly appeared before the Collector and produced all relevant documents in support of her claim and requested payment of compensation at an early date. l) No steps were taken by the Collector in the matter and the said notice stood lapsed/abandoned. m) Thereafter the petitioner received another notice this time under section 9(3B) of Act I of 1894 as amended by W.B. Act 7 of 1997 calling upon the petitioner to appear before the Collector on 29.05.2000 for the purpose of hearing. n) On 29th May, 2000, the petitioner appeared before the Collector and submitted that the said notice dated 9th May, 2000 was not sustainable in law inasmuch as there was no notice under section 4(1A) of W.B. Act II of 1948 was subsisting on the day on which such notice was issued i.e. on 9th May, 2000. o) Subsequently, the petitioner came to know that a purported award was declared on 8th May, 2002 although no notice was served on the petitioner in respect of the declaration of the said award. p) In the backdrop of the aforesaid facts, the respondent/petitioner filed the instant writ petition, inter alia, praying for the following reliefs : i) A Rule in the nature of Mandamus commanding the respondents to rescind and/or withdraw the notice dated 9th May, 2000 being Annexure P-3 herein as well as Award, if any, so made on 8th May, 2002 in connection with the Case No. LA-II/68 of 1979-80; ii) A writ in the nature of Mandamus commanding the respondent to initiate a fresh proceeding under the Land Acquisition Act, 1894 for the purpose of determining the compensation in question in respect of the said land and further directing the respondents to pass the Award and pay compensation accordingly after treating the earlier proceeding being Case No. LA-II/68 of 1979-80 so initiated under the West Bengal Land (Requisition & Acquisition) Act, 1948, since repealed, as stood lapsed. Findings by the First Court:
(2.) In the course of hearing before the First Court a dispute arose as to whether approval had been taken from the State Government in terms of Section 11 of Act I of 1894 or at all while declaring the award in the instant case. The learned Single Judge called upon the Collector to produce the relevant records the Court so as to examine whether any valid award with prior approval of the State Government was declared by the Collector.
(3.) After perusing the records, the learned Single Judge came to the following conclusion: ...From the above records, it appears that a list of award declared by the respondent No. 2 in the matter on May 8, 2002. It is further revealed from the above records that the Deputy Secretary to the Government of West Bengal, Land and Land Reforms Department recorded a note in the above note sheet dated July 9, 2002 that the Government approved that award. I find that the above note is not correct in view of the further note dated July 9, 2008 appearing from page 130 of the above note sheet the Additional District Magistrate (L/A) to the effect that the above award was sent to the Government for post facto approval on that day. ....;