Responding to the notice, respondent No.2 has filed an affidavit wherein it has been stated that verification of record relating to LA Case No.1/2005-06 discloses acquisition of land for construction of composite check gate at inter-state boundary, Chhagolia. It is further stated that the land, as is being claimed as belonging to the petitioners measuring 16 bighas 3 kathas 17 lechas fall in the alignment of the total land measuring 169 bighas 3 kathas 11 lechas. It is stated that after invocation of the provision of Section 17(4) of the 1894 Act, draft notifications under Sections 4(1) and 6(1) of the said Act were published in two newspapers. Subsequently, on completion of formalities as per the 1894 Act, award was prepared which was approved by the Government in the Revenue Department. Following the same, steps were taken to issue notice to the land owners. At that stage, one Mondal Sheikh @ Mangal Sheikh filed WP(C) No.74/2009 before this Court wherein an interim order was passed. Though the said writ petition was subsequently dismissed, another writ petition, being WP(C) No.791/2013 was filed by the legal heirs of the previous petitioners. Here also, initially there was an interim stay, but ultimately the writ petition was dismissed. The project got delayed because of the stay orders passed by the Court. It is further stated that recourse to the provisions of Section 17(4) of the 1894 Act was taken in view of urgency to set up a composite check gate at the inter-state border, Chhagolia to streamline traffic as well as collection of revenue.
