RATAN CHAND BURMAN Vs. CHAIRMAN CALCUTTA IMPROVEMENT TRUST

JUDGEMENT

(1.) This is an appeal from a judgment and order dated 26/09/1980 as well as an order dated 27/03/1981 of a learned single Judge of this Court on a writ petition filed by the appellants challenging the validity of notices dated 29/04/1962 issued ud under Section 45 of the Calcutta Improvement Act, 1911 (hereinafter referred to as "the 1911 Act") proposing to acquire land specified in such notices for the purpose of carrying out a Street Scheme being Street Scheme No.LXXXIX (Bentinck Street, Lower Chitpur Road) in the City of Calcutta. By the judgment and order dated 26/09/1980 the learned single Judge after recording certain findings directed that all acquisition proceedings in respect of the Street Scheme must be completed at least within a period of one year from the date of the judgment. He further directed that on the failure of the concerned authorities to complete such acquisition proceedings, the acquisition proceedings in so far as they related to the appellants' properties should stand quashed. This judgment is the principal judgment. Subsequently the matter was mentioned before the learned Judge on 27/03/1981 whereupon certain consequential directions were given for the purpose of carrying out the order dated 26/09/1980. As such it is the validity of the judgment and order dated 26/09/1980 which really requires consideration in this appeal.

(2.) Before we look at the facts, it is necessary to refer to certain statutory provisions which are relevant for deciding this appeal. Section 69 of 1911 Act empowers Calcutta Improvement Trust (hereinafter referred to as CIT) to acquire land under the provisions of the Land Acquisition Act 1894 for carrying out any of the purposes of the 1911 Act. The Land Acquisition Act under went substantial amendments in 1984. The amendment which is important in the present context is the introduction of Section 11A in the Land Acquisition Act 1984 which is in the following terms:-

(3.) Now briefly the facts. The appellants are the Trustees of a Public Charitable Trust called "D.P.Mucker Charitable Trust" (hereinafter referred to as "the Trust"). The Trust is the owner of 9 premises being premises Nos.77, 77/1, 77/1/1, 77/1/2, 77/l/3, 77/2, 78, 78/1 and 78/2, Bentinck Street, Calcutta (collectively referred to as "the premises").