Mir Dara Sheko, J. - (1.) The grievance of the writ petitioner in the case is that although the subject property was acquired by the State of West Bengal in the year 2007 and award was assessed and paid to the major number of awardees but the same was not paid either to M/s. Desire Agro Resorts Development Pvt. Ltd. or to the writ petitioner, who purchased the subject property from M/s. Desire Agro Resorts Development Pvt. Ltd. Therefore, contention is that by introduction of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Re settlement Act, 2013 the Land Acquisition Act of 1894 after expiry of March 31, 2007 having no more effect, the writ petitioner is entitled to get benefit of Section 24 and other provision of such new Act since said right has been accrued to the writ petitioner by operation of law.
(2.) Mr. Dipankar Pal, learned Advocate representing the petitioner during course of hearing invited attention of this Court that in the earlier proceeding this Court disposed of the writ petition, being W.P. 13434 (W) of 2009 in favour of the writ petitioner of the earlier proceeding which was tested in appeal, being MAT 1558 of 2016 at the instance of the State of West Bengal, and, the said appeal being also dismissed without making interference with the order passed by this Court the matter is now pending before the Hon'ble Supreme Court. It is, however, apprised by Mr. Pal that though the lis of this writ petition like others as was listed on 01.12.2017 is the same and identical but in the proceeding pending before the Supreme Court no stay order was passed so far as regard further proceeding of the pending writ petitions including the present one.
(3.) Mr. Pal however, in his usual fairness concluded his submission that there may not be any impediment to decide the writ petition on merit and in the same line as already decided by this Court which has been upheld in appeal since ultimately the result shall be abided by the final decision of the Hon'ble Supreme Court.;