HANUMANMAL SURANA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is made by one Shri Hanumanmal Surana and four others being heirs of one Joychandmal Surana, since deceased, heirs and representatives of one Tolaram Surana since deceased one of the sons of Joychandmal Surana also since deceased being petitioner Nos. 6A to 6D. They have made their respective grievances as against 1, 4 and 5 the Secretary, Ministry of Defence and others and respondent Nos. 2 and 3, Life Insurance Corporation of India and another. From the nature of the grievances I find that the actual relief sought for by way of writ of mandamus against such respondent Nos. 2 and 3 for taking possession of the respective plot of land from 1, 4 and 5 to transfer the plot to the petitioners by executing necessary conveyance after accepting the balance consideration and deliver peaceful vacant possession thereof to them.

(2.) From the very inception of final hearing before this Court a question cropped up as to whether such relief can be granted by the writ Court or not.

(3.) A little background of the case is required to be discussed hereunder. One M/s. Hindusthan Co-operative Insurance Society Ltd. came to own the lands for society's development scheme commonly known as New Alipore Development Scheme. One Biral Chandra Banerjee offered to purchase the land for a consideration of Rs. 1810/- per cottah in 1945 subject to express terms and conditions. One after another the property was transferred from one to another and ultimately the present petitioners or their predecessor-in-interest claimed to be the purchasers of such plot of land. During such tenure, an Act being Life Insurance Corporation Act, 1956 came into force whereunder all the assets and liabilities appertaining to the Life Insurance business of various companies were transferred and/or vested to the Life Insurance Corporation of India being respondent No. 2 herein including Hindusthan Co-operative Society. From the original agreement I find that there is clause of assignment which is as follows: