Jayanta Kumar Biswas, J. - (1.) The writ petitioner (daughter of one of the original owners of the land and one of the heirs of that owner) has taken out this writ petition asking for an order directing the respondents to return the unused portion of the acquired land.
(2.) The acquisition proceedings were initiated under the Land Acquisition Act, 1894, and declaration under Section 6 was published on May 21st, 1968. The award was made and declared, and the amount of compensation was duly paid. Since certain portion of the land remained unused, the erstwhile owners thereof approached the requiring department of the Government (irrigation and waterways department) for its return; the department concerned agreed to return the land.
(3.) The owners were asked to refund the proportionate amount of compensation they had received. They complied with the direction and deposited the amount; the deeds in draft were prepared. Thereafter, in 1998, the land and land reforms department of the Government decided to retain the land. As a result, by letter dated December 14th, 1998 the joint secretary of that department revoked the previous order of that department dated December 19th, 1997. Since the Government declined to act upon its previous decision to return the land, the petitioner took out the present writ petition.;