Ashim Kumar Banerjee, J. - (1.) The appellants claimed to be the owners of different contagious plots at Mouza - Manikdihi under Police Station Kaliganj in the District of Nadia. In 1960, the Land Acquisition Collector requisitioned the said land for the ultimate purpose of acquisition under the West Bengal Land (Requisition and Acquisition) Act, 1948 for the purpose of construction of raising and straightening Jagat Khali Food Protection Embankment. After the appropriate order of requisition it was the obligation of the State to take appropriate steps for ultimate acquisition of the property by initiating an acquisition proceeding issuing notice under Section 4(1a) of the said Act of 1948. The legislature subsequently enacted a law namely the West Bengal Land (Requisition and Acquisition) Act, 1994 giving its effect on and from March 31, 1994 by which Section 3 of the said Act of 1948 was omitted. The life of the said Act of 1948 was however, limited till March 31, 1997 by subsequent amendment made in 1996. Hence, on and from March 31,1997. the said Act of 1948 stood repealed, as a result of such repeal the owners became entitled to get back possession of the said land in question,
(2.) On May 2, 1997 the Land Acquisition (West Bengal Amendment) Act, 1997 was enacted which came into force with effect from June 4, 1997 giving its retrospective effect on and from April 1, 1997 to revive the pending acquisition proceedings under the Repeal Act of 1948. Two new Sections were introduced by the said amendment in the Land Acquisition Act of 1894 being Section 9(3)A and 9(3)B. Both the Sections are set out below :- "(3A) The Collector shall also serve notice to the same effect on all such persons known or believed to be interested in any land, or to be entitled to act for persons so interested, the possession whereof has already been taken on requisition under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Ben. Act 2 of 1948) (hereinafter referred to in this section as the said Act), as re-enacted by the West Bengal Land (Requisition and Acquisition)) Re-enacting Act, 1977 (West Ben. Act 15 of 1977), and, in every such case, the provisions of sub-section (1) of Section 4, Section 5, Section 5A, Section 6, Section 7 and Section 8 of this Act shall be deemed to have been complied with: Provided that the date of notice under this sub-section shall be the date of reference for the purpose of determining the value of such land under this Act : Provided further that when the Collector has made an award under Section 11 in respect of any such land, such land shall, upon such award, vest absolutely in the Government, free from all encumbrances. (3B)The Collector shall also serve notice to the same effect on all such persons known or believed to be interested in any land, or to be entitled to act for persons so interested, the possession whereof has already been taken on requisition under Section 3 of the said Act, and notice for acquisition of such land has also been published under sub-section (1a) of Section 4 of the said Act, and, in every such case, the provisions of Section 4, Section 5, Section 5A, Section 6, Section 7, Section 8 and Section 16 of this Act shall be deemed to have been complied with : Provided that the date of publication of notice under sub-section (1a) of Section 4 of the said Act shall be the date of reference for the purpose of determining the value of such land under this Act : Provided further that in every such case, the Collector shall make an award under Section 11 in respect of such land only for the purpose of payment of due compensation to the persons interested in such land has, upon the Collector taking possession thereof, already vested absolutely in the Government, free from all encumbrances."
(3.) On a plain reading of both the amended Sections it would appear that under sub-section 3A and 3B, the Collector was given power to initiate proceedings for acquisition under the said Act of 1894 by issuing appropriate notice in cases where property was in possession of the State on requisition under Section 3 of the said Act of 1948.;