Jayanta Kumar Biswas - (1.) THE petitioner in this WP under art. 226 dated November 21, 2005 is seeking an order quashing a decision of the Land Acquisition Collector, Howrah rejecting his application under s. 8 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as the Act) for a reference to Court. The lands concerning which the notices at pp.46 -50 of the WP were issued by the Collector to the petitioner, and the petitioner submitted the reference application signed by him on August 23, 1991, were acquired by the State Government under the provisions of the Act.
(2.) THE notice at p.46 of the WP is dated February 26, 1983. It was issued under s. 8B of the Act for determination of on account payment of compensation in advance. The notice at p.47 of the WP is dated March 16, 1983. It was issued offering the petitioner Rs.63,771.14 on account payment of compensation in advance. The petitioner accepted the offer and received the payment. The notice at p.48 of the WP is dated February 02, 1991. It was issued under sub -s.(3) of s. 5 of the Act asking the petitioner to participate in the compensation determination process. The notices at pp.49 -50 of the WP both are dated July 26, 1991. They were issued to the petitioner under sub -s.(2) of s. 7 of the Act offering him compensation according to the award.
(3.) IN view of the provisions of s. 8 of the Act, the s. 7(2) notices were to be treated as notices issued by the Collector to the petitioner under sub -s.(2) of s. 12 of the Land Acquisition Act, 1894. In the two notices issued under sub -s.(2) of s. 7 of the Act the Collector mentioned that he had made the requisite award on July 24,1991. The notices reveal that payment was made on July 31, 1991.;