AIR 2012 CALCUTTA 47 ::2011 (3) CalLJ 483 ::2011 (3) Cal HN 555 ::(2011) 105 AllIndCas 4 (CAL) ::2011 (105) AllIndCas 4 SOC

Calcutta High Court

Hon'ble Judge(s): Bhaskar Bhattacharya, Aniruddha Bose, Sambuddha Chakrabarti , JJJ

West Bengal Land (Acquisition and Requisition) Act (2 of 1948) , S.4(1a), S.7A, S.9(3B)— Lapse of acquisition proceedings - For not publishing award within stipulated period - By Amendment Act of 1997 only those notices under sub-section (1a) of S. 4 @page-Cal48which would have lapsed on midnight of March 31, 1997 or on subsequent dates, have been saved - Thus, by Amendment Act of 1996, proceedings in respect of notices given prior to March 31, 1992 stood lapsed if award was not published within one year from March 31, 1994.2003 AIHC 1154 (Cal), Overruled. The effect of the Amendment Act of 1996 was that if any notice under S. 4(1a) which had already been issued before March 31, 1992, and the Collector had failed to pass any award thereon by March 31, 1995, those notices would lapse; whereas in respect of the notices issued after March 31, 1992, the award must be passed within three years from the date of publication of the notice under sub-section (1a) of S. 4 with the further stipulation, that in default of passing of award within the time limit mentioned above, those notifications under sub-section (1a) of S. 4 issued would lapse. The effect of the Land Acquisition (West Bengal Amendment) Act, 1997 which came into operation on the midnight between March 31, 1997 and April 1, 1997 prevented all those notices under sub-section ....