Kalyan Joyti Sengupta, J. - (1.) This appeal was against the judgment and order of the learned Trial Judge dated 4th April 2008 by which the aforesaid writ petition was dismissed without granting any relief whatsoever. The short fact leading to filing the above writ petition, subsequently preferring the present appeal is as follows : On or about 15th November 1957 the State Government in exercise of power under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (since repealed) (hereinafter referred to as the 1948, Act), requisitioned by LA case No. 49R/64-65, the petitioners' land measuring about 1.395 acres comprised in Dag Nos. 4207, 4209, 4210 and 4213 situated at Mouja Radhanagar, JL No. 39 in the district of Burdwan (hereinafter referred to as the said property) for the purpose of construction of Buri Shyamsundar Beel Drainage Scheme. During subsistence of the said requisition the State Government in exercise of power under Section 4(1 a) of 1948 Act published a notification in the Calcutta Gazette for acquisition of the said property. After acquisition as above no award was published until the time hereinafter mentioned, nor any compensation was paid.
(2.) In or about 1997, 1948 Act stood repealed but the operation of the said Act was kept valid for the purpose of pending requisition and acquisition proceedings. Ultimately on or about 31st March 1997, suitable amendment was made in Act 1 of 1894.
(3.) The petitioners through their learned Lawyer demanded for either de-requisition of the said property or to publish award for the said acquired property. On receipt of the said notice the Land Acquisition Collector, Burdwan informed by letter dated 18th January 2006, Damodar Canael Division being the requiring body, stating that the valuation of the said property was estimated at Rs.2,32,580/- for land and a sum of Rs.4,155/- for the structure. It was also informed by the said communication that since no fund was available the award could not be published. Therefore the said requiring body was reminded for payment of the compensation. Since no action was taken the petitioners filed a writ petition on or about 12th April 2006 asking relief for payment of compensation preceded by publication of the award of the said acquired property. By an order dated 12th April 2006 Justice Jayanta Kumar Biswas was pleased to dispose of the said writ petition (hereinafter referred to as the first writ petition) the relevant portion of the order of disposal of Justice Biswas is quoted hereunder : "In my view, if the award has not been made, then the Collector must take necessary steps for making the award or for ensuring that the property is released together with payment of rent compensation and other damages. If the requiring body is not co-operating with the Collector then it is the duty of the collector to see that the requisition proceedings are brought to a logical conclusion, and that the petitioners are not placed at the mercy of the requiring body. This is very unfortunate that the requiring body having obtained possession of the property and being in enjoyment thereof, have given no attention to the matter of placement of the requisite fund.;