ANGSHUMAN ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -One late Amarendra Nath Roy was the owner of premises No.6A and 6B, Gour Mohan Mukherjee Street, Calcutta-6 (hereinafter referred to as the said premises). The said Amarendra Nath Roy died intestate on or about April 18, 1981 leaving behind his sons (1) Samiran Roy, (2) Arun Kumar Roy, (3) Samaresh Roy, (4) Ajoy Roy, (5) Ashoke Roy, (6) Soumitra Roy, (7) the petitioner No.1, Angshuman Roy, (8) a daughter Mrs. Madhuri Pal and (9) a widow Smt. Rani Bala Roy, the petitioner No.2.

(2.) A Notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act) was issued on April 24, 1976 declaring that the said premises along with certain other premises would be needed for public purpose namely for construction of a building for cultural activities in memory of Swami Vivekananda and were likely to be needed for the aforesaid purpose partly at the public expense and partly at the expense of Ramkrishna Mission, the respondent No.3. Late Amarendra Nath Roy preferred an objection and availed himself the opportunity of section 5A of the said Act. Thereafter on March 6, 1978 a notification under section 6 of the said Act was issued in respect of the said premises along with certain other premises. Thereafter the entire proceedings for the acquisition of the said premises along with certain other places lapsed under section 11A of the said Act.

(3.) Thereafter a notification dated February 2, 1995 was issued and published under section 4 read with sub-section 4 of section 17 of the said Act dispensing with the provisions of section 5A of the said Act in respect of premises No.6 along with the said premises. The said notification has been annexed to the writ petition as annexure 'A'. Thereafter a declaration dated March 27, 1995 under section 6 of the said Act was issued and published in respect of premises No.6 and the said premises. By a notice dated 24.1.1997 under sections 9 and 10 of the said Act the petitioners were directed to hand over possession of the said premises at 1 P.M. on 28.1.1997. A copy of the said notice dated 24.1.1997 has been annexed to the writ petition as annexure 'E'. In the writ petition the petitioners inter alia, prayed for the writ in the nature of mandamus commanding the respondents not to give effect to the notice dated 24.1.1997. The learned Advocate for the petitioners in course of his argument admitted that the petitioners are not in possession of the said premises.