DEBASISH KAR GUPTA,J. - (1.) This writ application is directed against an orders dated April 31, 1979, passed under sub-section (1) of Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948, dated November 21, 1988 passed under the provisions of sub-section (1) of Section 5 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as the "said Act") as also a notice for removal of the construction lying and situated at Pundibari, P.S. and District Cooch Behar (section at mouzas - Kalarayerkuti J.L. No. 9, Mouza-Bagbhander J.L. No. 50 and Angarkata J.L. No. 51).
(2.) Having heard the learned counsel appearing for the respective parties as also after considering the facts and circumstances of this case and on the materials on record I find that no material is brought on record to show that any step was taken by the respondent authority in accordance with the provisions of sub-section (1a) of Section 4 of the said Act in respect of the land in question during the lifetime of the aforesaid Act. Necessary to mention here that the lifetime of the said Act came to an end on March 31, 1994. No material is brought on record to show that step was taken by the respondent authority in accordance with the provision of the Land Acquisition Act, 1894.
(3.) In view of the above, the respondent authority is not in a position to proceed further in connection with the aforesaid requisition case no. 30-38/78-79. It further appears that by virtue of an order dated June 10, 1991 operation of the notice dated February 6, 1990 was stayed. The above interim order was further extended by an order dated August 9, 1991 until further orders.;