DISTRICT MAGISTRATE, DARJEELING Vs. MANOJ KEDIA

JUDGEMENT

(1.) The aforesaid appeals are filed by the respective appellants assailing the self-same judgment and order dtd. 10/2/2023 passed in connection with WPA 1040 of 2021 by which the writ petition was disposed of directing the authorities to take possession of Plot no. 240 of Mouza Gourcharan within PS-Matigara from the Siliguri Jalpaiguri Development Authority within 3 weeks from the date of the communication of the order and also to pay rent compensation reckoning from 10/2/1993 till the delivery of possession. The District Magistrate, Darjeeling and Siliguri Jalpaiguri Development Authority (SJDA) have filed the respective mandamus appeals challenging the said order one ground or other and therefore, we decided to hear out the aforesaid appeals together.

(2.) The facts disclosed from the record are adumbrated as under in order to determine the points addressed by the respective appellants. One Birendra Chandra Das was the owner of Plot no. 229 and 240 measuring 3.7 acres and 2.56 acres respectively in Mouza Gourcharan within PS-Matigara on the strength of deeds of conveyance dtd. 6/2/1957 and 19/3/1968 respectively. By virtue of a notice under Sec. 3 (1) of the West Bengal Land (Requisition and Acquisition) Act, 1948, large tract of land was requisitioned by the SJDA for the purpose of setting up a truck terminal and for the other utilities and facilities for the public. The said original owner assailed the said notice before this Court in CO 4463 (W of 1991) on several grounds including that the notice requisitioning the aforesaid plots is bad having no nexus with the public purposes. Amidst the pendency of the said writ petition, a consensus was arrived between the said owner and the SJDA to acquire the Plot no. 229 and de-requisition the Plot no. 240. Having assured by the SJDA, the Requisitioning Authority, the said writ petition was not pursued and was dismissed for default. Apropos the said consensus/agreement, the Chief Executive Officer of the SJDA wrote a letter on 27/7/1994 to the District Magistrate, Darjeeling that the Plot no. 240 having a land admeasuring 2.65 acres shall be de-requisitioned and the possession to be handed over to the owner and simultaneously, the step should be taken for acquisition of Plot no. 229 having a land admeasuring 37 acres. In pursuance of the said decision of the requisitioning authority, an enquiry was conducted under Sec. 7 of Act II of 1948 by the District Magistrate and Collector, Darjeeling on 19/10/1995 in presence of the original owner. A decision was taken which led the issuance of a letter dtd. 30/11/1995 by the Collector, Darjeeling to the owner that Plot no. 240 shall be released in favour of the owner of the said land and the possession would be handed over on 11/12/1995. In the meantime, the original owner died, making a Will bequeathing the property in favour of the writ petitioner/appellant and the said Will was duly probated by the competent Court. In the interregnum, 80 per cent of the interim compensation was also made over to the owner but despite the decision having taken to de-requisition the Plot no. 240, it was not given effect to. The writ petitioner was persistently making the claim on the basis of the said agreement/consensus arrived between the authorities and the petitioner but there was no response from their end which constrained the writ petitioner to file the writ petition before this Court which is disposed of by the impugned order.

(3.) It is evident from the record that the initial relief claimed in the writ petition pertained to handing over of the possession in respect of a land comprised in Plot no. 240 together with the payment of the rent compensation for the period between the date of requisition and the date of delivery of the possession thereof. After the service is affected upon the respondents including the SJDA, the State Respondents filed the affidavit-in-opposition disclosing the fact that the aforesaid two plots were acquired for greater public interest to establish a truck terminal. It was further disclosed that though the Chief Executive Officer, SJDA made a proposal for the de-requisition of the land comprised in Plot no. 240 in its letter dtd. 27/7/1994, but it was subsequently felt that the said land cannot be released for the larger public interest. It is further stated therein that the amount of compensation being the 80 per cent of the total amount has already been paid to the petitioner and, therefore, the contention of the writ petitioner is not tenable.