Biswanath Somadder, J. - (1.) Gopa Banerjee and several others have moved the instant writ petition praying, inter alia, for the following reliefs: "a) Declaration that the land of the petitioners is not affected by acquisition under the Land Acquisition Act and the respondents have no right in respect of the said land-in-question; b) Declaration that the impugned Award dated 31.12.1968 is a nullity and does not survive in view of the judgment of this Hon'ble Court dated 15th July, 1969 passed in C.R. No.6387 (W) 1968; c) A declaration to the effect that the petitioners are the absolute owners of about undemarcated 1.81 acres of land out of the total area of 4.16 acres of land comprised C.S. Dag No.515, Khatian Nos. 92 and 142, Krishi Khatian No.418, L.R. Dag No.461, J.L. No.18, Mouza: Mahish Bathan, Police Station: Rajarhat, New Town, Bidhan Nagar (East); d) A writ of and/or order and/or directions in the nature of Mandamus do issue commanding the respondents and each one of them, their men, agents, servants and/or assigns to do their statutory duties in accordance with law and to forbear from proceedings further or any further on the basis of the lapsed acquisition proceedings being no. 6706LA/4120-67, against the land belonging to the petitioners; e) A writ or writs in the nature of Mandamus do issue commanding and directing the respondents to show cause as to why they should not be directed not to interfere with the ownership and possessory right in respect of the subject land and on failure to show cause or to show sufficient cause rule to be made herein be made absolute; f) A writ of and/or order and/or directions in the nature of Certiorari do issue directing the respondents to certify and transmit before this Hon'ble Court, the entire records of the case so that conscionable justice may be done to the petitioners by quashing of transfers made to any of the Government Departments on the basis of the lapsed acquisition proceeding being no.6706LA/4120-67;"
(2.) According to the petitioners, they are the adjacent owners of a freehold land measuring approximately 1.84 acres in CS Dag No.515, Khatian Nos.92 and 142, Krishi Khatian No.418, LR Dag No.461, JL No.18 in Mouza - Mahishbathan, Police Station - Salt Lake Electronic Complex (previously Rajarhat). According to them, by several deeds of conveyance they purchased various portions of land from one Mr. Herbert Berry in Mouza - Mahishbathan. The petitioners have annexed the registered deeds of sale, which were all registered under the District Registrar, Barasat, on several dates, sometime in the year 1995. Referring to the recitals contained in the various deeds of sale, the petitioners have stated that on 11th July, 1963, Mr. Herbert Berry purchased the land by way of a registered deed from Sri Rabindra Nath Naskar, which measured more of less 3.64 acres.
(3.) According to the petitioners, the said Herbert Berry subsequently, sometime in July, 1963, made an application before the JLRO, Barasat, 24-Parganas, for mutation of his name in respect of the said land, which was allowed. Before purchasing the land, the petitioners, in the year 1995, made searches in the office of the BL & LRO. The searches as to the title of the said property revealed a clear Parcha in favour of Herbert Berry. The petitioners received a notice on 11th April, 1997, issued by the Collector of North 24-Parganas to Upendra Nath Naskar as the purported owner of the scheduled land described therein, which included the land of the writ petitioners, asking him to show cause as to why the land mentioned in the schedule would not be acquired. In response to the said notice, the writ petitioners, including their adjacent owners, on 31st March, 1997, through their constituted attorney, wrote to the Collector and informed him about the private ownership, status and position of the property sought to be acquired under the said notice. It has been stated by the petitioners that they came to know of a memo dated 9th December, 1997, that RS Plot No.461 in Mouza - Mahishbathan, JL No.18 had partly fallen under acquisition vide LA Case No.XXV/1 of 1996-97 for Intelligent City Project. The petitioners approached the High Court challenging the order of acquisition and this Court passed an order on 19th June, 2000, whereby the Collector, North 24-Paganas, was directed to communicate the final decision, if any, in connection with LA Case No.XXV/1 of 1996-97 within a certain time-frame.;