SUBRATA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application is at the instance of the petitioner who is one of the co-owners of the plots Nos. 13851 and 13852 of khatian No. 4494, mouza Behala challenging the validity of the notice of requisition issued under Section 3 of the West Bengal Act II of 1948 i.e. West Bengal Land (Requisition and Acquisition) Act, 1948 whereby these lands along with other plots of lands were notified for requisition for public purposes mentioned in the said notice at annexure A to the petition on the ground that the land in question purported to be requisitioned for a purpose were being utilised for another purpose viz. for construction of Behala Police Station which has been demolished on account of widening of the Diamond Harbour Road.

(2.) The facts in brief are as follows. The aforesaid plots of lands along with other lands were notified for requisition under Section 3 (1) of the said Act for the purposes viz. for widening Diamond Harbour Road at Behala and also for maintaining supplies and services essential to the life of the community and/or for providing proper facilities for transport, communication, etc. This requisition notice was served admittedly in 1974 and thereafter the work was taken up for widening the road and the Diamond Harbour Road was completed also long before. The petitioner has stated that when the authorities concerned came to implement the requisition notice in respect of these particular lands of the petitioner and his co-owners they raised objection and thereafter they have come before this Court with the instant writ application on 26-6-81.

(3.) A Rule was issued and an interim order was made restraining the respondents from proceeding any further on the basis of the notice which has been annexed as annexure A to the petition for a period of two weeks with liberty to pray for extension of the interim order on notice to the respondents on the same application. On 24-11-81 after hearing the learned Advocates for both the parties the interim order was vacated. Then an application for restoration was filed and that was heard on 9-12-81. The application for restoration was however not allowed.