Mir Dara Sheko, J. - (1.) Heard Mr. Bhattacharya, learned counsel being assisted by Mr. Yasin Ali, learned counsel representing the writ petitioner. Though State of West Bengal remains unrepresented, but Mr. Dipak Mukherjee, learned counsel representing the respondent-BSNL authority is present. The matter is now taken up for delivery of judgment.
(2.) On perusal of the materials on record including affidavit-in-opposition and affidavit-in-reply thereto, it reveals that the writ petitioner was the owner of plot no. 690 of Khatian no. 416/2 under J.L. no. 86 within Mouza Latifpur, district Howrah. Mr. Bhattacharya submitted that the Calcutta Telephones being requiring body requisitioned 46 decimals of said plot and accordingly it was acquired under L.A. Case no. 15 of 1987-88 initiated under Act II of 1948 on 6th April, 1988. Admittedly, possession of said land was taken by L.A. Collector on 18th April, 1988 without payment of award. At that juncture the writ petitioner in the Original Side filed a writ petition, being W.P. No. 4122 of 1988, which was dismissed, since the writ petitioner wrongly mentioned the number of plot. Mr. Bhattacharya however apprised the Court that against said dismissal order the writ petitioner did not proceed further.
(3.) Mr. Bhattacharya further submitted that the writ petitioner filed another writ petition, being W.P. No. 10985(W) of 1999 since no award was passed despite submission of representation, and, this Court disposed of said writ petition on 13th June, 1999 with direction upon the concerned L.A. Collector to consider the representation. In turn, the L.A. Collector, Howrah by Memo no. 1177(2)LA(G) dated 24th August, 1999 in compliance to the order of this Court, disposed of the matter on 6th September, 1999. For future reference and for convenience of discussion hereafter, the operative portion of the order of the L.A. Collector is set out: "Considering all arguments, the statement and procedure, papers and documents of all concerned parties, the writ application in respect of Annexure I, J, K, this is to order that the petitioner is entitled to get requisition compensation at the rate of 6% over market value of land from the date of possession up to the date of restoration by switching over the L.A. proceeding under the Amendment Act, 1996 and the requiring body is hereby ordered to state either their submission of fresh proposal of acquisition alleged land under the Amendment Act, 1997, if they require the same at present or initiate proposal for the de-requisition of the said plot in accordance with law by giving back for possession of the land to the petitioner within a considerable period after giving proper requisition compensation and the prayers of the petitioners as stated in annexures are hereby allowed. As concerned parties are requested to take necessary measure for immediate relief of the writ petitioner in respect of getting compensation in accordance with law, this order is declared by the undersigned in presence of all concerned parties and they are entitled to get copy of the same as per their proper requisition.";