HARISH TANDON,J. - (1.) The present writ petition is filed by the petitioners for an order directing the respondent authorities to determine the compensation on the basis of the present market price of land as the land has already been used and utilised for public purposes.
(2.) It is stated in the writ petition that the petitioners inherited several plots of land situated in Mouza-Katwa, District-Purba Burdwan which was under requisition. A notice under Section 3 of the West Bengal (Acquisition and Regulation) Act, 1948 (hereinafter referred as 'Act II of 1948') was issued upon the predecessor-in-interest of the petitioners and was requisitioned for construction of Jetty Ghat at Katwa Municipality. The petitioner alleged that despite the requisition of land under Act II of 1948, no rent compensation was paid to the predecessor who was constrained to make representation on 12th November, 1984. The authorities asked the predecessors to submit various documents in support of his right, title and interest in respect of the requisition land but thereafter no progress was made in this regard. After the death of the predecessors, the petitioners also made representations, which according to them is unattended as of this date. Apart from the aforesaid statements, there is no reflection that the authorities ever attempted to acquire the said requisition land taking aid under Section 4 (1a) of Act II of 1948.
(3.) However, while admitting the writ petition, the Court directed the respondents to submit the report disclosing the steps having taken by the authorities after requisitioning the land of the petitioners. The report revealed that an acquisition proceeding was initiated in terms of the provisions contained under Act II of 1948 and a requisition notice under Section 3 (1) of the said Act was served and notified in an official gazette. There appears to be a fallacy in the aforesaid disclosure as the provisions contained under Section 3 (1) of Act II of 1948 can never be construed as an acquisition proceeding. The said provision relates to requisition of the property which is distinct, different and separate from the acquisition. In case of requisition, the title remained with the owner though the possession is taken by the authorities for public purposes. However, in case of acquisition, the moment the award is passed and the Collector takes possession thereof, the property vests into the State free from all encumbrances.;