- (1.) This writ application under Article 226 of the Constitution of India has been filed by petitioners on 06.01.2003 with prayers for commanding the respondents to release compensation in favour of the petitioners for acquisition of the .35 acres land of plot No. 41/446 of mouja-paranchawk in the district of Purba Medinipore and for commanding respondent No. 2 to complete the hearing for grant of compensation on the basis of notice dated 20.08.2001 after giving opportunity of hearing to petitioners and to pass appropriate order for release of compensation in respect of the land in question as per present market value and other related prayers for payment of compensation to petitioners against acquisition of land.
(2.) Petitioners' case in a nutshell is that they purchased the land in question by virtue of two deeds of sale dated 25.07.1997. After some legal battles said land has been recorded in records of rights in their names. Said records of rights have been marked annexure P- 1 of writ application. Said land was requisitioned by added respondent No. 7 and acquired by the Land Acquisition Collector, Haldia for Petro Chemicals Complex at Haldia for which petitioners are entitled to get compensation with interest against such acquisition. Petitioners made prayers before Additional District Magistrate Haldia on 28.08.2000 to make arrangement of giving compensation to petitioners. On the basis of representation of petitioners the Special land Acquisition Officer, Haldia called them to appear before him on 04.09.2001. Petitioners appeared but no decision has been received from the Additional District Magistrate (respondent No. 2).
(3.) Filing supplementary affidavit stating inter alia the petitioners have stated that in the year 2000 they came to learn that the Land Acquisition Collector, Haldia has acquired the land in question in L.A. Case No. 41/92-93 but no compensation has been paid to the petitioners. Said land has been handed over to the respondent No. 7 but the land remains fallow. By an order dated, 11.04.2014 a direction was given in this case for making an application by petitioners to the authorities seeking enhanced compensation. During pendency of this case petitioners received notice dated 11.07.2014 from the officer of respondent No. 2 wherefrom it appears that the land in question was not included in the notification under Section 3(1) and declaration under Section 6 of the L.A. Act- I, 1894 as the land was vested to the State and that the land in question was neither acquired nor its possession was handed over to Haldia Petro Chemicals Limited. Letter dated 11.07.2014 has been made annexure P- 8. Prayer has been made for direction upon respondent Nos. 3 and 4 to hand over the vacant possession in favour of petitioners.;