Jayanta Kumar Biswas, J. - (1.) The ten petitioners in this writ petition dated February 17, 2009 are seeking a mandamus commanding the respondents to rescind the five notices all dated February 4, 2009 issued by the Collector, Nadia under section 9(3B) of the Land Acquisition Act, 1894.
(2.) Sometime before June 22, 1960, when possession of the lands was taken by the state, an order under section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 was issued by the collector requisitioning the lands for raising and strengthening Jagatkhali embankment from Plassey to Kaliganj.
(3.) Section 4 of the West Bengal Land (Requisition and Acquisition) Act, 1948 provided as follows:- "4. Acquisition of land - (1) Where any land has been requisitioned under section 3, the State Government may use or deal with such land for any of the purposes referred to in sub-section (1) of section 3 as may appear to it to be expedient. (1a) The State Government may acquire any land requisitioned under section 3 by publishing a notice in the Official Gazette that such land is required for a public purpose referred to in sub-section (1) of section 3. (2) Where a notice as aforesaid is published in the Official Gazette, the requisitioned land shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the State Government free from all encumbrances and the period of requisition of such land shall end.";