Calcutta High Court (Appellete Side)
8 Ct. No.09 Hazari Lal Das & Ors vs The State Of W. B. & Ors on 7 August, 2017
Author: R. K. Bag
Bench: R. K. Bag
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07.08. W. P. 8660 (W) of 2007
g.b. 2017
08 Ct. No.09 Hazari Lal Das & Ors.
Vs.
The State of W. B. & Ors.
Mr. Asit Kumar Banerjee
Mr. Shib Narayan Chattopadhyay
........For the Petitioners
Mr. Chandi Charan De
......For the State
The petitioners have filed this writ petition prying
for direction upon the respondents to initiate fresh land
acquisition proceeding against the petitioners for the purpose of payment of compensation.
It is contended on behalf of the petitioners that the land of the petitioners was acquired by the State respondents by initiating L. A. Case No. 4/35 of 1996-97 for the purpose of construction of Baandh from Rajendranath Das Ghat to Kader Mondal's House. The further contention made on behalf of the petitioners is that notification under Section 4(1) of the Land Acquisition Act, 1894 was published on July 20, 1998 and declaration under Section 6 of the said Act was published on January 4, 1999, but the compensation was not paid to the petitioners. It appears from the report submitted by the State respondents that on June 13, 2 2000 the physical existence of the land of the petitioners was not available at the time of inspection and as such the land acquisition proceeding was dropped on November 27, 2001. Since the award was not passed under Section 11 of the Land Acquisition Act, 1894 the land acquisition proceeding being L. A. Case No. 4/35 of 1996-97 lapsed under Section 24 of the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013. Since the land of the petitioners was not released from the acquisition proceeding after publication of declaration under Section 6 of the Land Acquisition Act, 1894 and since the previous land acquisition proceeding lapsed by operation of law, the respondent no.5 is directed to initiate fresh land acquisition proceeding against the petitioners for payment of compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a period of three months from the date of communication of the order.
With the above direction writ application is disposed of.
(R. K. Bag, J.) 3