Calcutta High Court (Appellete Side)
Krishnapada Maity vs The Special Land Acquisition ... on 10 March, 2022
10.03.2022
Item No. 11
Court No.6.
S. De
Through Video Conference
M.A.T. 410 of 2021
I.A. No. CAN 1 of 2021
Krishnapada Maity.
Vs
The Special Land Acquisition Officer & Ors.
Mr. R.N. Dutta,
Mr. Manoranjan Jana,
...for the appellant.
Mr. Lalit Mohan Mahata, Sr. Govt. Advocate,
Mr. Prasanta Behari Mahata,
...for the State.
By consent of the parties, the appeal and the
connected application are taken up together for
hearing.
Admittedly, a notice under Section 3 of the West
Bengal Land (Requisition and Acquisition) Act, 1948
was issued by the State to the writ petitioners in
respect of the land in question owned by them. After
the requisition, the land was, however, not acquired in
terms of Section 4(1a) of the said Act. The provisions
of Sections 9(3A) or 9(3B) of the Land Acquisition Act
1894 were also not invoked.
The writ petitioners on an earlier occasion
approached this Court by filing a writ petition being
W.P. 29673 (W) of 2008 which was disposed of by a
learned Single Judge with the following directions:-
2
"The writ petition is disposed of
by directing the State respondents
to forthwith return the land of the
petitioner and in any case within
two months from the date of
communication of this order. The
Land Acquisition Collector shall
make an award of rent
compensation. The compensation
shall be computed as per market
rate prevailing at various points of
time, from the date of requisition
and till date on release, on a two
yearly basis. If the land cannot be
returned the same shall be
acquired as per the provisions of
the Land Acquisition Act, 1894 at
the current market value by
issuance of notification under
Section 9A of the Land Acquisition
Act, 1894 and the petitioner shall
be entitled to rent compensation as
directed above from the date of
requisition till the date of
notification for acquisition under the
provisions of Land Acquisition Act,
1894. The award of compensation
shall positively be made within six
months from the date
communication of this order, after
giving the petitioner an opportunity
of hearing and/or representation."
An application for contempt was taken out by
the writ petitioners alleging violation of the said order.
The contempt proceeding was dropped after
considering the affidavit-of-compliance filed by the
relevant District Magistrate and Collector. It was
disclosed in the affidavit that a writ of possession had
been issued returning the land in question to the
appellant. The learned Single Judge also recorded the
submission of the State that the writ petitioners did
not take the possession of the land in question though
he was so offered. In the said proceeding a direction
was issued to hand over the writ of possession to the
learned advocate appearing on behalf of the writ
petitioners. The rent compensation for requisition was
directed to be computed and disbursed as directed
earlier.
By filing this present writ petition, the writ
petitioners have prayed, inter alia, for the following
reliefs:-
a) "Pass an appropriate order, Direction
and/or Writ in the nature of
Mandamus, commanding the
Respondent authorities concerned,
more specifically, the Respondent
nos. 1, 2 and 3 to hand over the
Account Payee Cheque to the
petitioners before this Hon'ble Court,
containing the total amount of
compensation for the land 13.10
acres, at the present marketable rate
along with additional compensation
for the period 1988 to the date of
actual payment depriving to earn any
income arising out of not allowing the
petitioner to use their said land and
thereby using the same by the
Government Authorities for business
purpose, while it is impossible to the
Government Authorities to hand over
to the physical possession and
occupation of the said land with
usable status as nature and
character, free from all
encumbrances;
b) Pass an appropriate Order, Direction
and/or Writ in the nature of
Mandamus, directing the Respondent
No.1 to hand over the copy of
"Statement of Account" with regard to
calculation of the total amount of
compensation and interest payable
thereof itemwise, with particular
hands with legiable and
understandable position, without any
hidden affair, sufficiently before
issuance and handing over the
Account payee Cheques to the
petitioners before the Hon'ble Court.
c) Pass an appropriate Order, Direction
and/or Writ in the nature of
Prohibition, prohibiting the
Respondent Authorities from delaying
any further, paying the legitimate
amount of compensation to the
petitioners in terms of prayers (a) and
(b).
d) Pass appropriate Order, Direction
and/or Writ in the nature of
Certiorari, directing the Respondents,
to certify the records of the case
before the Hon'ble Court regarding
payment of legitimate amount of
compensation to the petitioners, for
the acquisition of their said land and
to pay the suitable amount of
compensation - forthwith so that
conscionable justice may be
administered;"
The learned Single Judge by the order impugned
in this appeal disposed of the writ petition, again
giving a direction upon the writ petitioners to forthwith
collect the rent compensation which was offered by the
State in terms of the order dated March 22, 2011. The
writ petitioners were granted liberty to take possession
of the land if they so desired. The State was directed
to issue a fresh notice within six weeks to the writ
petitioners offering the land as per the earlier direction
passed by this Court.
Challenging the order impugned, writ petitioner
no.2/appellant submits that since possession of the
land has not been delivered, the appellant is entitled to
rent compensation as per present market value. It has
further been contended that the land, as on date, is
not free from all encumbrances. At the instance of
some private persons a construction has been raised
and a pond has also been dug for pisciculture. The
writ petitioners are not in a position to take possession
of the land under such circumstances.
Learned advocate for the appellant has also
relied on an unreported judgment passed in FMA 2442
of 2004 of this Court in support of his submission.
The State submits that it is willing to hand over
peaceful possession of the land within two months
from date after making it free from all encumbrances.
We find no substance in the argument of the
appellant that he is entitled to get rent compensation
as per the present market value.
It appears from the affidavit-in-opposition filed
on behalf of the State that though an attempt was
made to pay the rent compensation as directed by this
Court to the writ petitioners, they declined to accept
the same.
The State has issued cheques on account of rent
compensation to the writ petitioners which are
appearing at pages 140, 141 and 142 of the paper
book. The calculation in support of such amount has
also been detailed at page 144 of the paper book.
We are of the opinion that the judgment
rendered in FMA 2442 of 2004 is not applicable in this
case. In the said case, a direction was passed for
consideration of invocation of Sections 9(3A) and 9(3B)
so as to acquire the land in terms of Land Acquisition
Act 1894. In this present case the intention of the
State was never to acquire the land in question. In
fact, the State was always willing to return the land to
the writ petitioners. In such fact scenario there was no
scope for invocation of Sections 9(3A) and 9(3B) of the
Land Acquisition Act 1894.
In the above facts and circumstances, we
dispose of the appeal directing the State to deliver
possession of the land in question to the writ
petitioners, within two months, free from all
encumbrances, and also to pay the rent compensation
as directed by the learned Single Judge within one
month. If the appellant has any objection with regard
to the computation, he will be at liberty to make a
representation before the relevant Land Acquisition
Collector. If such representation is made, the Collector
shall dispose of the same by a reasoned decision in
accordance with law within a period of four weeks after
giving an opportunity of hearing to all the concerned
parties.
After the judgment is dictated, it has been
submitted before us by the learned advocate appearing
for the appellant that the appellant will take
possession of the land in question and accept
compensation without prejudice to his rights and
contentions.
M.A.T. 410 of 2021 is, accordingly, disposed of
along with the connected application being I.A. No.
CAN 1 of 2021.
Urgent certified photostat copy of this order, if
applied for, shall be given to the parties as
expeditiously as possible on compliance with all the
necessary formalities.
(Kausik Chanda, J.) (Arijit Banerjee, J.)
