BANANI MISTRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) One Smt. Shibani Bose, since deceased on 30/1/1970, was the owner of the plots of land situated in dag No.2622 under khatian No.253 and khatian No.682 of Mouza Kasba, under Haltu Union Board, District South 24 Parganas, measuring 3 Cottah and 22 square feet of Rayati Land which she purchased on 22/5/1963 by virtue of a Registered Deed of Sale. During her life time she had been possessing the said land, constructing a one storied pucca building thereon and paying government taxes etc.

(2.) At the time the of death of Shibani Bose she left behind her husband Sudhir Kumar Bose, her two sons and one daughter, namely, Babu Bose, Bapi Bose and Banani Bose. Her husband died on 20/1/1984. During the passage of time one Smt. Jharna Bose, wife of late Bapi Bose, Gopal Bose, son of late Bapi Bose, Minati Bose wife of late/untraceable Babu Bose, Somnath Bose and Sanjib Bose sons of late/untraceable Babu Bose and daughter Banani (Mistry) Bose became the co-shares of the aforesaid land and structure and they had been possessing the said land with structure, peacefully and uninterruptedly. It is the case of the petitioners that in the year 1970-80, the Government of West Bengal initiated proceeding under Sub-Sec. (1) of Sec. 3 of the West Bengal Land (Requisition and Acquisition) Act, 1984 (hereafter described as Act 2 of 1948) being Case No.LA II/68 of 1979-80 by which said land cum building were requisitioned. For the purpose of construction of Rash Behari Connector. Immediately after service of notice under Sec. 3(1) of Act 2 of 1948, the Collector, South 24 Parganas took over formal possession of the said property for public purpose, viz, construction of Rash Behari Connector. The concerned authority having demolished the petitioners' house made a commitment that an alternative accommodation would be provided to them in lieu of the said residential accommodation which had been demolished for construction of Rash Behari Connector. At the time of the acquisition proceeding, Babu Bose, one of the son of Sudhir Kumar Bose and Shibani Bose was untraceable and a missing diary was lodged in the local police station vide General Diary entry No.563 dtd. 11/12/1994. The said fact was duly notified in the daily Newspaper 'Bartaman' on 28/2/1995.

(3.) The notice for giving compensation with respect to the said land cum building was issued on 18/4/1987 and the authority concerned while making a contribution of said compensation divided the same into three heads- one in the name of Bapi Bose, another in the name of Banani Mistri and the third one in the name of Babu Bose (who was untraceable by that time). The petitioners state that Minati Bose wife of untraceable Babu Bose and their sons Somnath Bose and Sanjib Bose tried to convince the authority to release their share of said compensation lying in the head of Babu Bose, but the authority concerned did not pay their share of said compensation for want of conformed ascertainment of said Babu Bose as the money was paid to the respective head of the legal heirs of deceased Shibani Bose and it was informed to the authority that after her death, Sri Babu Bose, Smt. Banani Bose and Sri Bapi Bose are the only claimants over the said compensation amount. It is contended on behalf of the petitioners that only 80% of the compensation out of total compensation has been paid to the petitioners which has been proportionately taken by the legal heirs of Bapi Bose and Banani Mistri as per their share of compensation.