DIPAK KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A group of persons representing "sarbajanin Durgotsab Committee" has filed this writ petition asking the respondent to refrain from proceeding any further with requisition and acquisition of 'lalar Math' comprising Municipal holding Nos. J296 and J298, paharpur Road within Garden Reach P. S. They have further asked for restraining the respondents from interfering with petitioners' user of the said land by way of performing religious worship and other activities. The petitioners are members of a club registered under the Societies Registration act. There was a field commonly known as 'lalar Math' comprised of plot Nos. 267 to 270 of Mouza Garden Reach under Garden Reach Police Station in the district of 24-Parganas. This land was lying vacant and the petitioners are performing Durga Puja in the said vacant place. The Committee was popularly known as "banerjee Bagan Durgotsab Committee". The owners of the land unsuccessfully protested against the activities of this Committee. Nevertheless the petitioners performed various activities upon the said open place. The said vacant place was used for game and sports, meeting and seminars and for religious and political functions. Durga Puja is being performed in the said open space since 1951. The club had different sub committees. On 18th January, 1991 some employees of the Calcutta municipal Corporation fixed a sign board on the land indicating use of the sit for super-market to be sponsored by Calcutta Municipal Corporation. On enquiry the petitioners came to know that the said vacant land was being acquired by the State at the instance of the Calcutta Municipal Corporation. The petitioners thereafter filed a suit in the 5th Court of Munsif at Alipore and interim order of injunction was granted in favour of the petitioners. Calcutta municipal Corporation entered appearance and filed an application under order 39 Rule 4 Civil Procedure Code for vacating the interim order. The petitioners came to know the fact of requisition and acquisition at that point of time. Since the Civil Court is not competent to adjudicate the legality of the acquisition proceeding the petitioners had to approach this court in its constitutional jurisdiction.

(2.) THE writ is being opposed by Calcutta Municipal Corporation and commissioner of Calcutta Municipal Corporation figuring as respondent nos. 3 and 4 respectively.

(3.) THE respondents challenged the locus standi of the petitioners to maintain this writ application. Now there is no controversy that 'lalar Math' comprising plot os. 267 to 270 of Mouja Garden Reach is sought to be acquired under West Bengal Land (Requisition and Acquisition) Act, 1948 (Act II of 1948) hereinafter called the Act by the State Government for Calcutta municipal Corporation.