- (1.) The intra-Court appeal has been preferred by the State of West Bengal as against the legality of the order dated 6th September, 2013 passed by the Single Bench in W.P. 10270(W) of 2010 questioning the acquisition of land being made for the purpose of Metro Railways. Proceedings for acquisition of the land were initiated under Land Acquisition Act, 1894 (hereinafter referred to as Act) for the purpose of running Metro Railway from Salt Lake Sector-V to Howrah Station via Mahakaran under "East West Metro Corridor Project".
(2.) We confine the discussion into the declaration issued under section 6 of the said Act. The only question on which acquisition has been challenged in the petition was that award was not passed within the period of two years from the date of publication of the declaration under section 6.
(3.) In the Official Gazette, the declaration was admittedly published on 27th August, 2009 whereas publications in three newspapers were also made. It was the alternative case of the petitioner-Association that even if the last date of publication is taken in the locality, the declaration under section 6 was published on locality on 13th November, 2009. The award was passed on 15th November, 2011, beyond the period of two years. Thus, the acquisition stands lapsed.;