LALIT MOHAN BASU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ONE Lalit Mohan Bose since deceased and his brother Krishna Hari Base since deceased were the owners of the plot of' land being No. 750, J. L. No. 3, Mouza salampur, P. S. Kulti, District burdwan measuring more or less. 2. 34 acres krishna hari. Base died leaving behind his wife Pra tihamoyee Bose and two daughters, , chameli Ghosh and Anjali Mitra. Upon the death of Pratibhamoyee Bose, Chameli ghosh and Anjali Mitra became the successors- in- interest in respect of the share of Krishna Hari Bose since deceased in the said plot of land along with Lalit Mohan Bose since deceased.

(2.) THE Collector and District Magistrate Burdwan issued two. several notices land|or orders requisitioning the said plot of land, one to Lalit Mohan Bose, since deceased and the other to the said pratibhamoyee Bose' (since deceased), wife of late Krisnna Hari Bose (since deceased) under section 3 (1) of the West bengal Land (Requisition and Acquisition)Act, 1948. In the said notice section 3 (1) of the said Act has been reproduced. All of the public purposes have been mentioned. No clause is deleted. It betrays a complete non-application of mind.

(3.) THE possession of the said requisitioned land was taken by the said respondents on 11th April 1975 as mentioned in the said notices and / or orders. Inspite of Various reminders the compensation for the requisition of the said plot of land was not paid nor the land was de-requisitioned. On the contrary the respondents utilised the said Land not for the purpose mentioned in the notices and|or orders of requisition but for the construction of National Highway by-pass No. 2. In the premises, lalit Mohan bose, since deceased, and the said chameli Ghosh and Anjali Mitra moved this Court under Article 226 of the Constitution of India on 12th March, 1981. In the said writ application the said writ petitioners asked for fixation of compensation for requisition, of the said plot of land and also for payment of damages. They also prayed for an ad-hoc payment of rs. 20,000| as and by way of compensation for requisition of the said land.