Jayant Kumar Biswas, J. - (1.) The only point involved in this case is whether the requisition and acquisition proceeding initiated under provisions of the West Bengal Land (Requisition and Acquisition) Act, 1948 and subsequently converted to a proceeding under provisions of the Land Acquisition Act, 1894 lapsed by operation of law.
(2.) The admitted facts are these. Regarding land owned and possessed by the petitioner a proceeding was initiated under provisions of the West Bengal Land (Requisition and Acquisition) Act, 1948 and the requisite Section 3 order was made sometime in 1971. With the steps taken under the said Section 3 the petitioner lost possession of the land. Subsequently notice was issued and published in 1975 under Section 4(1a) of the said 1948 Act.
(3.) However, before the requisite award was made by the Collector under that Act, it had expired. But before expiry of the Act, Section 9 of the Land Acquisition Act, 1894 was amended by the State Government by the Land Acquisition (West Bengal. Amendment) Act, 1997; and such amendment was notified on May 2, 1997, though it was made effective from April 1, 1997. Sub-sections (3-A) and (3B) to Section 9 of the Land Acquisition Act, 1894 were inserted by that amendment.;