RADHASHYAM SARMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is taken up for hearing by treating it as included in the day's cause list.

(2.) The appellant claims to be a partner of a Firm which carries on business as Commission Agents and Dealers and Exporters of Drugs, Spices, Fruit products etc. The Partnership Firm is the lessee of a godown, which admeasures about 1700 sq. ft. (Carpet Area), situate at 21, Jagat Banerjee Ghat Road, P.S. Shibpur, Howrah.

(3.) The Howrah Improvement Trust which is stated to be the Implementing Authority (Development Scheme) required the land on which the godown is situate for the widening of the approach road of the Second Hooghly Bridge. The land was requisition along with the land of other persons for the said purpose. That gave rise to a previous Writ Petition, C.O. No.15095(W) of 1986, which was filed by as many as 104 persons and the principal grievance in the said Writ Petition was that the concerned authorities had not provided alternative site as was done in other cases. The said Writ Petition was disposed of by a judgment rendered on 9/12/1986 by directing the respondent authorities to provide alternative accommodation to the Writ Petitioners on proper verification and enquiry on or before 7/04/1987 and directing the Writ Petitioners also to quit and hand over vacant and peaceful possession of the premises and/or sites in their respective possession to the said authority on or after 15/04/1987. The further direction in the judgment was that the respondent authorities 'shall provide such alternative accommodation only after being satisfied that the petitioners were in actual possession and for that purpose the respondents would be entitled to Call for from the petitioners the rent receipts or other documents which would be necessary to be examined'. The trial Court did not order that the alternative accommodation would be of equal size and nature.