SAREGAMA INDIA LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Gramphone Company India Limited was incorporated on 13th August, 1946 under the then Companies Act, 1913. The name of the said company was subsequently changed to Saregama India Limited on or about 3rd November, 2000 and a fresh certificate of incorporation was granted by the Registrar of Companies, West Bengal. For the sake of convenience, the said Saregama India Limited, the petitioner herein is hereinafter referred to as the said company.

(2.) Admittedly, the said company was an intermediary, holding in total 16.29 acres of rent free land at different places within Mouzas Horse Ford and Dum Dum Cantonment, District 24 Parganas (South) on the date when the West Bengal Estate Acquisition Act, 1953 came into operation, i.e., on the 1st day of Baisakh of Bengali Year 1362. The said 16.29 acres of the said company's land was comprised in several plots; some of such plots were classified as "Danga", and others were classified as "Pukur" and "Karkhana", etc. Out of said 16.29 acres of land, 14.33 acres of land comprising of "Danga", "Pukur", "Karkhana", etc. was numbered and identified as 33, Jessore Road, Calcutta. Remaining 1.96 acres of land comprising of "Danga" land was situated on the other side of the Jessore Road just opposite to the Premises No. 33, Jessore Road, Calcutta. This 1.96 acres of "Danga" land is numbered and identified as Premises No. 1, Jessore Road.

(3.) Thus, we find that the said company's total land of 16.29 acres was not a compact plot. Undisputedly, the said company's land measuring about 14.33 acres comprising of "Danga", "Pukur", "Karkhana", etc. which was part of Premises No. 33, Jessore Road was used by the said company for running its factory on the date when the West Bengal Estate Acquisition Act came into operation. However only one plot being Dag No. 2020 within Premises No. 33, Jessore Road was recorded as "Karkhana" (Factory) in the finally published record of rights. The other plots comprised in the said Municipal holding being Dag No. 2094, 2097, 2019, 2021, 2025 and 2247 were recorded either as "Danga" or as "Pukur" in the finally published record of rights.