BASUMATI BAG Vs. COLLECTOR HOWRAH

JUDGEMENT

(1.) An order of requisition of land needed for the Second Hooghly River Bridge Project is the subject-matter of challenge. The impugned order one dated November 23, 1972 passed by the duly authorized Collector under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948) (hereinafter referred to as the said Act). Purpose of acquisition recited is 'providing proper facilities for transport and communication in connection with the construction of the Howrah approach and interchange the Second Hooghly River Bridge Project?. Land involved are the two plots at Howrah being plot No.2/33 Sheet No.144 and plot No.1 of Sheet No.148. These plots admittedly belong to respondent No.3 the Commissioners for the Port of Calcutta (hereinafter referred to as the Port Commissioner). The petitioner claims to be a tenant in respect of these two plots under the Port Commissioners carrying on pisciculture as the plots constitute a jheel.

(2.) Facts as they emerge from the affidavits of the different parties may shortly be set out as follows. The aforesaid two plots come with the alignment of the approach viaduct of the proposed bridge on the Howrah side. They are also urgently needed for the construction of approach roads and railway sidings which are necessary for starting construction of the bridge itself as also its approach. Construction of the proposed Bridge and its approach is entrusted with the Hooghly River Bridge Commissioners (hereinafter referred to as Bridge Commissioners) appointed by the State Government under Section 3 of the Hooghly River Bridge Act, 1969 (hereinafter referred to as the Bridge Act). The Bridge Commissioners were so appointed by the State Government by a notification dated February 11, 1970 read with July 21, 1970. The scheme of the project having been finally approved the Bridge Commissioners by their resolution dated September 11, 1970 entrusted the Trustees for the Improvement of Howrah the construction o the approach road and the interchange on the Howrah side as an implementing agency. Such trustees then suggested to the Bridge Commissioners that the aforesaid two plots should immediately be requisitioned - the possession of other required plots being made available on mutual arrangement. The Bridge Commissioners by their resolution dated September 30, 1970 accepted the suggestion and requested the State Government to forthwith requisition the aforesaid 2 plots. Accordingly by the impugned order the Collector requisitioned the plots in dispute. Feeling aggrieved by this order the petitioner moved this Court on February 28, 1973 although the order was served on her in or about the month of November 1972 and obtained the above Rule on a writ petition.

(3.) The Rule is being contested by the different sets of respondents viz. (1) the State of West Bengal and the requisitioning authority, (2) the Commissioners for the Port of Calcutta (3) The Trustee for the Improvement of Howrah, (4) the Hooghly River Bridge Commissioners and (5) the Bhagirathi Construction. All the aforesaid respondents except Bhagirathi Construction have filed their affidavit-in-opposition.