Ashok Kumar Mathur, J. - (1.) This is an appeal directed against the order passed by the Learned Single Judge dated April 16, 2001 whereby the Learned Single Judge has allowed the writ petition and directed that since the writ Petitioner's land was taken long back and construction has already been made thereon, therefore, the land cannot be returned back to the Petitioner. He directed that the compensation should be determined immediately and the relevant date for the purpose of calculation of compensation shall be the date when Sec. 7A of the Act II of 1948 was introduced. Aggrieved against this order the present appeal has been filed.
(2.) The brief facts which are necessary for disposal of this appeal are that the Petitioner filed the present writ petition praying for issuance of a writ of mandamus directing the Respondents to pay to the Petitioner compensation for acquisition of land of the Petitioner under the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as Act II of 1948) -after assessment of the same. Land of the petitioner being R.S. Plot No. 13, measuring 13 decimal and R.S. plot No. 389 measuring about 22 decimals of Mouza and P.S. Serampore, District Hooghly were requisitioned under Sub -section (1) of Sec. 3 by order dated January 18, 1977 under Act II of 1948 for construction of building of P.W. D. (Roads), which reads as under: Requisition Case No. 1 -35/76 -77 5037 -38 LA. Form 1 (See Rule 4) Form order requisitioning Land under Sub -section (1) of Sec. 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948. Order No. Dated the Whereas in my opinion it is necessary for the purpose of maintaining supplies and services essential to the life of the community providing proper facilities for transport/communication/irrigation/drainage viz. For staking yard at Serampore for construction of a Rad from Konnagar Rly. Stn. To Gobra Rly. Stn. Road, to requisition the land described in the Schedule below/overleaf. And whereas State Government has by notification No. 20500 L.A. dated 3.12.63 published in the Calcutta Gazette Part -I of the 26th December, 1963 at page 2578 authorised me to exercise the power conferred by Sub -section (1A) of Sec. 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948). Now therefore, in exercise of the power conferred by Sub -section (1A) of Sec. 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948) read with the authority so vested in me. as aforesaid I do hereby requisition the land mentioned in the Schedule below/overleaf and make the following further order namely: 1) that possession of the land will be taken on 29.1.77 at 1 p.m.; and 2) that the owner/occupier/tenant of the said land shall furnish me such information relating to the said land as will be necessary from time to time. Schedule Mouza Serampore J.L. No. 13 P.S. Serampore Plot No. Specific Area in Plot No. Specific Area in Sd/ - R.K. Rakshit/12.1.77/Collector, Hooghly, Additional District Magistrate, Hooghly. Memo No. L.A. Office of the Collector of Hooghly Dated, Chinsurah, the Copy forwarded to name as per reverse all of De Street, Serampore Owner/tenant/occupier of the land described in the schedule to the above order. Sd/ - Illegible/18.1.77/Collector under West Bengal Act II of 1948 Hooghly.
(3.) After requisitioning the above premises notice under Sec. 4(1a) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948) was issued for acquisition of land. The same was published in the Calcutta Gazette, Extra Ordinary on August 9, 1982. The said notification reads as under: The Calcutta Gazette, Extra -ordinary, 9.8.2 Hooghly No. 8850 L.A. (P.W. )2R -124/81 30th July, 1982 Whereas 0.2711 of a hectare (0.67 of an acre) more or less, of land situated in or near the Village of Serampore, described below has been requisitioned under Sub -section (1) of Sec. 3 of West Bengal Land (Requisition and Acquisition) Act, 1948, by the person authorised under Sec. 3(1A) of the Act for the public purpose of providing facilities for transport and communication and for purposes connected therewith and incidental thereto, namely, for stackyard in connection with construction of link road from Konnagar R.S. to Gobra R.S. and for construction of office building of Serampore Highway Sub -Division. Now, therefore, notice is hereby given that in pursuance of Sec. 4 of the said Act, the Governor acquires such land being required for a public purpose as aforesaid. This notice is given under the provisions of Sub -section (1a) of Sec. 4 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948), to all whom it may concern'. A plan of the land may be inspected in the office of the Collector, Hooghly. Description of the land Mouza Serampore, jurisdiction list ho. 13, Police Station Serampore, District Hooghly Revisional Survey plots in part Border=1> Eastern0.13 -0.0526 388Eastern0.32 -0.1295 389Eastern0.22 -0.0890 By order of the Governor, J. Dutta, Dy. Secy. To the Govt, of West Bengal.;