Protik Prakash Banerjee, J. - (1.) This is a writ petition under Article 226 of the Constitution of India. The writ petitioner claims to be aggrieved by the actions of the respondent no. 1 State of West Bengal, in first requisitioning and then acquiring his property as described in paragraph 2 of the writ petition without paying him any compensation whatsoever.
(2.) The case made out in the writ petition, though in very vile English, is that the writ petitioner is the owner of 0.17 decimals of homestead land and 0.11 decimals of 'doba' (pond) in Dag No.1531/1402 and 1559/1442 pertaining to Khatian No.59 now Khatian No97, L.R. No.929 in Mouza Muriganga, J.L. No.7. The name of his predecessor-in-interest was mutated in the record of rights as appears from Annexure "P1" to the writ petition. The writ petitioner claims that these lands are the only lands he has, and for construction of a "bandh" due to the natural calamity being the cyclone "Aila" which hit these shores a few years back the said lands were first requisitioned and then acquisitioned and he was deprived of the possession and use of the said lands without the State paying him a single rupee in compensation.
(3.) In support of his case, the writ petitioner has relied upon a notice at page 23A of the writ petition which is dated February 9, 2011 - this is a special notice in terms of Sections 9(3) and 9(4) of Act 1 of 1894; a notice at page 23 of the writ petition which purports to be in terms of Section 12(2) read with Section 31(1) of Act 1 of 1894, dated March 20, 2012 and a further notice dated September 16, 2014 which was issued by the respondent no. 7, the Additional Land Acquisition Officer. The second notice referred to above clearly mentions that the award was declared on March 19, 2012. The writ petitioner admits at paragraph 6 that he received this notice. He says in paragraph 6 of the writ petition that he is aggrieved with the fact that the compensation proposed to be paid to him was a paltry amount compared to the market value of the land, and considering that lands adjacent to the doba and constructed rooms were also expropriated. However, admittedly, he did not apply for reference challenging the award or the amount of the compensation within the statutory period of limitation for doing so, even from the date of his receipt of the notice dated March 20, 2012.;