PROTIK PRAKASH BANERJEE,J. - (1.) This case has been listed pursuant to my earlier order dated January 8, 2018. From the submissions made at the Bar by the appearing parties, it appears that the Collector concerned has declared the award and issued pay orders in terms of my earlier order. Therefore, the first limb of my Order dated January 8, 2018 stands complied with and there is no requirement for any of the officers concerned to be personally present.
(2.) The present writ petition on which the said Order was passed, primarily sought the following relief:- "(a) A Writ in the nature of Mandamus commanding the respondents more particularly the respondent No. 2 to declare the award and pay the compensation to the petitioners including additional compensation and interest as provided in law in connection with L.A. Case No. 7/IV/94/95 without any further delay."
(3.) The present writ petition was instituted for enforcement of an earlier order dated September 27, 2012 disposing of W.P. No.23106 (W) of 2009 instituted by these writ petitioners. While passing the said order dated September 27, 2012, a coordinate Bench had held that the land of the writ petitioners had been acquired by the State of West Bengal and had vested in it but neither compensation was determined nor any award was declared by the State of West Bengal, which had, ultra vires the Land Acquisition Act, 1894 purported that without following the said procedure established by law, but only on payment of solatium, the lands of the writ petitioners had vested in it under Section 17(1) of the said Act of 1894. Therefore, holding that such a course of action was ultra vires the said statute, but upholding the vesting of the land for the purpose of construction of an embankment, the coordinate Bench had allowed the writ petition on September 27, 2012 by commanding "Within four weeks from the date of this order is served, the Collector, Malda shall determine the compensation for acquisition of the petitioners' lands, make and declare the award, and pay compensation according to the award. In the entire process he shall keep the writ petitioners involved. If the requiring body does provide the requisite fund for payment of compensation, then the Secretary, Land and Land Reforms Department of the Government of West Bengal shall make the necessary fund available." The coordinate Bench had also held that the compensation was payable under Section 23 of Act 1 of 1894.;