JUDGMENT: In spite of repeated adjournments on the prayer of the counsel for the respondents to enable him to file counter-affidavit, no counter-affidavit appears to have been filed even today. Counsel for the respondents submits that though instructions were received but despite request, no officer has come to swear the counter affidavit and hence, the counter affidavit could not be filed. Learned counsel submits that this writ application may be disposed of by issuing appropriate directions in the context of the pleadings of the petitioner. 2. Heard counsel for the parties. 3. Petitioner in this writ application, has prayed for a direction upon the respondents to pay him compensation for the lands, belonging to the petitioner, which have been acquired by the respondent State Government. 4. The facts of the petitioner's case in brief is that the land under reference in this case was settled in favour of the petitioner by way of a permanent lease granted by the previous land holder namely, Rai Bahadur Kanai Lal Nandi in the year 1955. Since after the date of settlement, the petitioner came into possession of the land and had also set up his business establishment therein. Subsequently, the State Government had wanted to acquire the land for the purpose of rehabilitation of Kharias under the scheme of Government of India. Land acquisition proceedings vide Land Acquisition Case No. 6 of 1961-62 and Land Acquisition Case No. 5 of 1963-64 were initiated. In the said proceedings, the prescribed notices under section 4 and 6 of the Land Acquisition Act were issued and subsequently, an agreement was entered into between the petitioner and the concerned authorities of the respondent State for payment of Rs. 81,322.68 by way of compensation for the land acquired and upon such agreement being executed, possession of the land acquired was taken by the concerned authorities of the State Government. However, in spite of the said agreement and assurance, no amount of compensation was paid to the petitioner till date. 5. Counsel for the petitioner submits that as it appears, after acquiring possession of the land, the Land Acquisition Officer did not pass a formal Award fixing the amount of compensation. To explain his statement, learned counsel refers to the several documents vide Annexures-1,2,3,4,5 and 6 to the writ application. 6. 5. Counsel for the petitioner submits that as it appears, after acquiring possession of the land, the Land Acquisition Officer did not pass a formal Award fixing the amount of compensation. To explain his statement, learned counsel refers to the several documents vide Annexures-1,2,3,4,5 and 6 to the writ application. 6. Learned counsel submits further that under the amended provisions of the Land Acquisition Act, the Collector has the authority to make an Award in terms of the agreement and since no Award has been passed ever since the date of issuance of preliminary notice till date, the land acquisition proceeding has to be deemed to have lapsed. 7. Learned counsel submits further that the amount of the purported compensation, as was earlier fixed by the agreement, having not been finally affirmed by way of any formal Award, such amount cannot be held binding upon the petitioner and the amount of compensation has to be re-fixed in accordance with the present day market value of the land and in consonance with the provisions of the Land Acquisition Act. 8. From the pleadings in the writ application and also from the various documents annexed thereto, it appears that the petitioner's main contention is that though, his land was sought to be acquired by initiation of the land acquisition proceeding way back in the year 1960 and the amount of compensation was also contemplated and agreed for payment, but till date, no Award was passed by the Land Acquisition Officer, nor any amount of compensation paid. 9. Such proceeding, in the light of the provisions of section 11A of the Land Acquisition Act, is deemed to have lapsed. The Land Acquisition Officer shall have to pass an Award by initiating a fresh proceeding under Land Acquisition Act. 10. Considering the above facts and circumstances, this case is remitted back to the Land Acquisition Officer namely, the Collector of the District of Singhbhum East, to issue fresh notices as required under sections 4 and 6 of the Land Acquisition Act and to pass an Award for the grant of compensation in accordance with law, after assessing the value of the land acquired. This exercise must be initiated and concluded by the Collector within a period of four months from the date of receipt / production of a copy of this order. With this observation, this writ application is disposed of. This exercise must be initiated and concluded by the Collector within a period of four months from the date of receipt / production of a copy of this order. With this observation, this writ application is disposed of. Let a copy of this order be given to the learned counsel for the respondent State.