- (1.)THE State of West Bengal has preferred these appeals against 11 awards made by the learned Additional District Judge, 2nd court, Hooghly, on references made under Section 8 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948) at the instance of the claimant respondents' these respective appeals. The respondents (in f. A. Nos. 813, 814 and 815 of 1967 have filed cross-objections against awards made in their respective reference cases ). The respondents in F. A. Nos. 816 to 820 of 1967 have also filed cross-objections along with applications for condonation of delay.
(2.)BEFORE we consider the merits of the various submissions respectively made on behalf of the State and the claimants, it is necessary to set out some of the relevant facts. On or about 15th september, 1960, the State Government by and order under section 3 (1) of the west Bengal Land (Requisition and Acquisition) Act, 1948, had requisitioned certain lands appertaining to different contiguous mouzas including Gaharpur, hajipur, Banipur, Banpara lying on the eastern and western sides of Bandel-Katwa Section of Eastern Railways for construction of Super Thermal Power Station near Tribeni at Bandel. According to the State Government, possession of such lands were taken on 15th of September, 1960. The State Government by a Notification dated 17th August, 1961 had acquired under section 4 (la) of the aforesaid Act the said requisitioned lands. The said lands lying to the east of the Railway lines which were acquired by the aforesaid Notification dated 17th august, 1961, for convenience, have been described as First Sector lands.
(3.)THE State Government by another order under Section 3 (1) of the West bengal Act II of 1948 dated 15th February, 1961 had requisitioned for the same purpose some more lands in the aforesaid mouzas on the eastern and western sides of Bandel-Katwa Section of Eastern railways. The State Government by a Notification under Section 4 (la) of the said Act, dated 29th September, 1961 had acquired these lands. The acquired lands on the eastern side of the aforesaid railway lines, for convenience, have been described as Second Sector lands.