HINDUSTAN MOTORS LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These three appeals arising out of Matter No. 330 of 1981, have been taken up for hearing and disposal together, inasmuch as, the facts involved in these appeals are common.

(2.) The appellant in A. P. 0. No. 607 of 1991 has been carrying on business of manufacture and sale of automobiles, earth moving equipment, dumper and other items. In the process, the appellant had established a colony known as the Hind Motor Colony which comprised, inter alia, its factory workshop, residential quarters for staff, hospital, school, overhead tank for the supply of water, underground water pipes and sewerage system and electric lines.

(3.) On 8th August, 1966, the question of including the local area comprising the Hind Motor Colony within the Uttarpara-Kotrung Municipality came up for consideration before the then Sub-Divisional Officer, Serampore. Although, the said proposal was strongly opposed, by Notification No. 4360/MIM-45/65 issued in exercise of the powers conferred by clause (d) of sub-section (1) of section 6 of the Bengal Municipal Act, 1932, the State of West Bengal made a declaration of its intention to include within the said municipality, the said local area defined in the said notification as being contiguous to the said municipality. The appellant, Hind Motors Ltd., filed an objection to the said notification on 12th December, 1969, before the State Government challenging the inclusion of the said area, including its said colony, in the aforesaid municipality and requested that such notification be withdrawn. Since the said objection was allegedly ignored by the State Government, the said appellant filed a writ application, being C. R. No. 1739 (W) of 1970, challenging the said notification. The said writ application was summarily rejected on 24th March, 1970, as being premature since an objection was pending before the State Government. Aggrieved by the said order dated 24th March, 1970, the appellant company preferred an appeal, being F. M. A. T. No. 195 of 1970.