SANJIB BANERJEE,J. - (1.) Both these appeals arise out of an order dated September 18, 2017 pertaining to the acquisition of land by the Kolkata Municipal Corporation for the construction of a road in the Sinthee area. According to the writ petitioners, no previous notice for acquisition was issued to the owners of the land by the Kolkata Municipal Corporation and the land was acquired in or about the year 1996-97. Though KMC maintains that due notice had been served and the land-owners had also been informed of the quantum of compensation that was payable to them, the writ petitioners in this case insist that neither was any previous notice issued to the petitioners nor was any offer made to receive compensation prior to the road being constructed on the writ petitioners' land.
(2.) It appears that an initial writ petition was instituted in the year 2002 for the writ petitioners' land having been taken over by the Corporation without any compensation being paid therefor. Such petition came to be disposed of on July 16, 2002 after recording that the Commissioner had taken a decision for the payment of compensation and that such decision would be conveyed to the writ petitioners and the payment made within one month. The writ court observed that in view of such submission, the writ petition had become "infructuous". However, the writ court granted the following liberty to the writ petitioners: "However, if the petitioners are dissatisfied with the amount of compensation, they are free to challenge such decision before the appropriate forum."
(3.) A second writ petition, WP No.11300(W) of 2003, followed. Such petition was disposed of by an order dated April 1, 2005. In the opening paragraph of the order, the Court observed that the acquisition in this case had taken place without any notice or intimation to the writ petitioners. Such order of April 1, 2005 provided as follows in its operative part: "In the circumstances, I make it clear that accepting the condition contained in the agreement will not disentitle the petitioner to challenge the quantum of compensation that has been fixed by the agreement in the instant case. The respondent authorities shall make over the amount of compensation which has already been fixed by him upon execution of the agreement which was been forwarded to the petitioner. The respondent authorities shall also complete the execution of agreement within a period of four weeks from the date of communication of this order." ;