W B HOUSING BOARD Vs. BRIJENDRA PRASAD GUPTA

JUDGEMENT

(1.) Special leave granted.

(2.) These appeals are directed against the judgment dated 27/29 March, 1996 of the Division Bench of the Calcutta High Court setting aside the requisition and subsequent acquisition of the certain piece of land under the provisions of the West Bengal Land (Requisition and Acquisition) Act, 1948 (for short the Act) as amended from time to time. The impugned judgment proceeded on the basis (1) that there was no proper service of notice as required under Section 3 of the Act and that (2) there was no public purpose in requisitioning the land.

(3.) Subject matter of the land comprise in plot Nos. 444, 445 and 446 under Khatian Nos. 343, 256 and 135 respectively in all measuring 1.82 acres in Mouza Mandalganthi within the limits of Rajarhat Police Station, Rajarhat Municipality in the district of 24 Parganas (North), West Bengal. This land belonged to one Chandra Kala Parasrampuria and Ranjana Kaushal and was recorded in their names in the revenue Record of Rights. Respondents 1 and 6 to 18 (for short the writ petitioners) purchased this land in the year 1988 and on or about February 15, 1990 they applied for mutation of the land in their names. Even after purchase of the land they had paid rent of the land in the name of Chandra Kala Parasrampuria and others, the original owners and were granted receipts in the names of the original owners. It is stated that it was on September 7, 1995 that a certificate of mutation had been issued by the prescribed authority under Section 50 of the West Bengal Land Reforms Act in favour of the writ petitioners. Their names also appeared in the revised settlement records whereafter they paid rent. We are mentioning this fact as it was contended that the application of the writ petitioners for mutation was ultimately allowed. The writ petition in the High Court itself came to be filed on March 27, 1995.