Arindam Mukherjee, J. - (1.) The appeal is at the instance of the writ petitioner. In the writ petition being W.P. No. 7004 (W) of 2018 (Smt. Kaberi Hazra Vs. The State of West Bengal & Ors.), the appellant has, inter alia, challenged the notification dated 5th December, 1994 , made under the provisions of Section 4 of the Land Acquisition Act, 1894(hereinafter referred to as the said 'Act') and the Gazette Notification dated 17th January, 1995 made under the provision of Section 6 of the said Act. In the instant appeal the writ petitioner has challenged the order of dismissal of the said writ petition dated 19th July, 2018.
(2.) The appellant/writ petitioner alleges that she had purchased under a registered deed dated 30th May, 1990 a land measuring about 5 kotthas situated and lying at plot no. 4651 under Tauzi No.-228/229, Mouza-Krishnapur, J.L. No.- 17 R.S. Dag No.-180, Khatian No.-1645 within the limits of Additional District Sub-Registrar, Bidhan Nagar, West Bengal (hereinafter referred to as the 'said plot of land'). The said plot of land is a portion of a larger plot of land measuring about 1.12 acres which comprised the plot No. 4651. One Laxmikanta Pramanik was the original owner of the larger plot of land which includes the said plot of land. His name was recorded in the record of rights. The appellant/writ petitioner after the purchase of the said plot of land, however, did not mutated her name and, as such, the name of the said Laxmikanta Pramanik continued to appear in the record of rights. The appellant/writ petitioner through Laxmikanta Pramanik received a notice dated 3rd February, 1995 issued under Section 9 of the said Act. By the said notice, the holder of the land was asked to attend a meeting on 16th March, 1995 for hearing under Section 11 of the said Act. It is the case of the appellant/writ petitioner that her husband attended the said meeting but no decision was communicated to the appellant/writ petitioner nor any compensation was afforded to her. The appellant/writ petitioner allegedly continued to remain in possession of the said plot of land.
(3.) The appellant/writ petitioner further alleges that the appellant/writ petitioner obtained clearance from the Land Acquisition Collector, North 24 Parganas that the plot No. 4651 a portion of which comprised the said plot of land was not hit by any land acquisition proceedings as per available office records. This was communicated by the said Land Acquisition Collector to the BL&LRO. Thereafter, the appellant/writ petitioner made an application for conversion of the said plot of land and a conversion case was initiated. Ultimately by an order dated 4th October, 2005 the conversion was granted. The certificate of conversion was issued on 29th November, 2005 pursuant to such conversion the appellant/writ petitioner obtained sanction plan from Bidhan Nagar Municipality for construction of a G+3 building on the said plot of land. The said plot of land was then leased out to one Satrajit Roy and Ankhi Roy the proprietor of Mega City Inn. By constructing the building the said lessee started the business of Mega City Inn from the said plot of land.;