SOUMITRA PAL,J. - (1.) Affidavit-of-service filed today be kept on record.
(2.) In the writ petition, the petitioners have prayed for a direction upon the respondents particularly on the Land Acquisition Collector, Purba Medinipore, the respondent no. 3 not to construct road over the plots of the petitioners being plot nos. 404, 405, 407, 408, 409, and 407/647 and for a direction upon the State-respondents to consider their representation, being annexure 'P/6 of the writ petition, and not to change the nature and character of the plots and not to disturb the peaceful possession of the scheduled plots of land.
(3.) Heard the learned advocates for the parties. I find that pursuant to an order dated 20th February, 2003 passed in W.P. No. 2418 (W) of 2003, the Land Acquisition Collector, Haldia, Purba Medinipore, had passed an order on 14th December, 2011, the relevant portion of which is as under: "The petitioners stated that the plot nos. 404 and 407 of Mouza - Champi, J.L. No. 106, P.S. Sutahata are under their ownership which has been occupied by the Haldia Municipality by constructing road using for public purpose. The petitioners concerned also stated that they have got any compensation for such occupation of their land. Hence they claimed that the proper compensation may avail to them immediately for such acquisition. On verification of the official records it is found that no such land i.e. plot no. 404 and 407 of Mouza - Champi, J.L. No. 106 has been acquired from the L.A. Section, Haldia or other any offices. Not any acquisition proposal has also been initiated from any office or Requiring Body. Therefore, question of compensation does arise till the R.B's submitted the proposal for acquisition related with the matter." 3. I find that it has been held that plot nos. 404 and 407 have neither been acquired nor there is any proposal for acquiring the same. Therefore, it has been concluded that the question of payment of compensation does not arise at all.;