JAYANTA KUMAR BISWAS,J. - (1.) The petitioners in this WP under art.226 dated September 22, 2004 are seeking a mandamus commanding the respondents to give them possession of the lands in question acquired under provision of the Land Acquisition Act, 1894 or to pay them compensation.
(2.) Nothing has been produced with the WP from which it can be said that the respondents initiated any proceeding for acquisition of the lands particulars whereof have been given in para.2 of the WP. A Surveyor of Jalpaiguri Land Acquisition Office has filed an opposition dated December 21, 2009 on behalf of the Land Acquisition Collector, Jalpaiguri. It has been stated in the opposition that for acquisition of the lands in connection with building of Siliguri-Jalpaiguri Bypass proceedings were initiated.
(3.) Mr Mishra appearing for the petitioners has submitted that since the acquired lands have already been used for building road, there is no question of giving the petitioners possession thereof, but that the petitioners are entitled to compensation.;