SULAGNA BHADURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India filed by the petitioners praying for issuance of a writ in the nature of mandamus commanding the respondent No. 2 regional officers (Civil) Ministry of Road Transport High ways (M.O.R.T.H.), M.S.O. Buildings, and respondent Numbers 3 and 4 project director, A.H.A.I., P.I.U., Kolkata, Chief engineer (N.H.), P.W. (roads), directorate, Government works' Department having is officer at writers' Building, Kolkata, to release 4.55 acres of lands out of C.S. plot No. 1446 of Mouza Bally District Howrah, to release 4.55 acres of lands out of C.S. plot No. 1446 of Mouza Bally, District Howrah to the petitioners and to pay rent in respect of the said lands from 22.06.1961 till the date of restore back possession. The case of the petitioners is that sometimes in the month of July, 2002 the Additional District Magistrate accompanied by police force and the persons from the fisheries Department. Apartment the plot 1446 and 1448 and dismantle a portion of the caretakers room forcibly situated in the aforesaid plots. Against the said legal action the petitioners' predecessors in interest move a written application before this Court being WP No. 11010(W) of 2002. In the said writ petition affidavits were affirmed by the petitioners and respondents including Block land and land Reforms officer, Bally Jogacha Gram Panchayat. The writ petitioner was directed to retain 7.55 acres of land out of plot No. 1446 by the Revenue Officer of the office of the Block Land and Land Reforms Officer sometimes in the year 1989. Thereafter in connection with the proceedings, petitioners' portion of plot No. 1446 were demarcated. The block land and land reforms officer knowing fully well that the said plots have been acquired sometimes in the year 1961 have made an affidavit stating that 7 acres 55 decimals of lands do belongs to the petitioners and the rest 4 acres 55 decimals they have taken possession.

(2.) One Sadhan Kumar Saha, Block Land and Land Reforms Officer, Jogacha, Gram Panchayat on 6.4.2004 filed an affidavit to the effect that the land in questions have been acquired in the year 1961 in connection with the construction of High Way vide L.A. case No. 1 of 61-62 as per notification No. 19328-L.A. (P.W.) dated 13.12.1960 published as page 153 No. 1 of the Calcutta Gazette dated 12.1.61 and the possession of entire 12.10 acres land of plot No. 1446 was taken on 22.6.61 and the applicant Subrata Sankar Bhaduri received compensation in respect of 7.55 acres of land out of 12.10 acres amounting to Rs. 2 lakhs 6 thousands 2,06,405.73 paisa from the L.A. Department.

(3.) It is the further case of the petitioners that on 22.6.2001 R.S. plot No. 1446 measuring an area of 12 acres 10 decimals were own and possessed by the predecessors-in-interest of the present petitioner and on the basis of the aforesaid land acquisition proceeding the interest of the present petitioner have been acquired and possession have been taken from them. It is the further case of the petitioners that the predecessors-in-interest of the present petitioners were given compensation of 7.55 acres of land and in respect of 4.55 acres of land no compensation was given to the petitioners, of which the respondents have taken possession on 22.6.1961. The petitioners are entitled to get interest and rent from the date of taking possession till the date of passing of the award. No award has been passed in favour of the petitioners till date. The predecessor in interest of the petitioners was not aware of the payment of compensation as the same was received by the Ld. Advocate on behalf of the official liquidator. The petitioners for the first time came to know about such purported acquisition from the affidavit affirmed on 6.4.04 by the Block Land and Land Reforms Officer, Bally Jogacha Gram Panchayat. The present petitioners are entitled to get compensation in respect of 4.55 acres of land which the respondents acquired so far back in the year 1961.