Protik Prakash Banerjee, J. - (1.) This writ petition has come up for the third time before me. The order sheet would show that I have initially made up my mind that the petitioner was a post vesting transferee without having had the opportunity to ascertain whether the money had been tendered in terms of Sections 11 and 12 read with Section 18 of the Land Acquisition Act, 1894 and without ascertaining whether physical possession has been taken by the Government of West Bengal and handed over to the requiring body. That is why after this matter became evident to me in little more mature introspection, I caused the matter to be brought up as 'To be mentioned' in the daily cause list and in presence of both sides caused the order to be recalled. I directed the matter would be taken up for further hearing today and pursuant to such direction the parties are present and the matter is taken up.
(2.) It appears that the writ petitioner's grievance is that it found out after purchase of the property that there was an acquisition proceeding in respect of the property and it was further ascertained that its vendors have not received any compensation for such acquisition.
(3.) Mr. Soumitra Bandyopadhyay, learned counsel appearing for the State of West Bengal ably assisted by Mr. Subhasis Bandyopadhya, learned counsel submits that the award has been declared after due process and some of the persons interested in the land including some of the vendors have already obtained compensation while some others have not so received it. In their cases, the funds have already been deposited with the competent civil Court under Section 18 of the aforesaid Act. Therefore, there has been not only tender but payment of award money within the meaning of Section 16 of the Land Acquisition Act, 1894.;