ANIL BARAN DEOTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this Writ petition the sixteen petitioners whose properties were covered by an Improvement Scheme framed and published on November 4, 1965, by respondent No. 3 are praying for a mandate upon the said respondent to publish the resolution dated November 28, 1968, whereby the said respondent abandoned the scheme.

(2.) The respondent No. 3, the Trustees for the improvement of Howrah prepared a General Improvement Scheme under Section 33 (2) of the Howrah Improvement Act, 1956 (hereinafter referred to as the said Act) covering various areas in the erstwhile Ward No. 6 of the Howrah Municipality. It is not in dispute that the properties of the present petitioners are covered by the said scheme. The scheme so prepared was duly published in the Official Gazette on November 4. 1965 under Section 45 (2) of the said Act. Public notices under Section 45 (1) were also issued so also personal notices under Section 47. It is not in dispute that various objections were raised by different persons including the present petitioners who were to be affected by the scheme if adopted. Objections so filed were heard by an Objection Committee and the Committee recommended that the scheme proposed be abandoned. Such recommendation was made on November 14, 1968, and the respondent No. 3 the Trustees accepting the said recommendation adopted a resolution abandoning the scheme. Obviously that was done under Section 49 (1) of the Act.

(3.) According to the petitioners though such a resolution was adopted on November 28, 1968, yet there was no official publication of the resolution so that the encumbrance created on their properties by publication of the scheme under Section 45 (2) continues to affect them. Consistent attempts were made on their behalf to persuade the respondent No. 3 to publish officially the result of their" resolution dated November 28, 1968, but without any success. In such circumstances they moved this Court on September 15, 1969, praying for a mandate directing the said respondent to officially publish the resolution as aforesaid including a publication in the Official Gazette.