LINA DATTA Vs. SUKUMAR BERA AND ORS.

JUDGEMENT

(1.) Youth Club (Naktala) is trying to reopen the writ petition being W.P. No. 12043 of 2013 which was disposed of by this Court as back as on 4th June, 2013 by filing three applications viz, (1) An application for appropriate order, (2) An application under section 5 of the Limitation Act and (iii) another application seeking leave to sue the Special Officer appointed by this Court on 18th September, 2015, in a contempt proceeding being W.P.C.R.C. 328(W) of 2015 arising out of the said writ petition. For proper appreciation of those three applications filed by the said club, I feel that the background of this litigation should be set out. Accordingly, I give short narration of the background of this litigation leading to filing of these three applications by the stranger club.

(2.) Admittedly, the writ petitioner's land measuring about 0.7071 acres excluding two shop rooms lying in various plots in mouza Naktala P.S. Jadavpur being municipal holding No. 253C N.S.C. Bose Road, Kolkata, presently under P.S. Netaji Nagar was requisitioned by the State Government under the West Bengal Land Requisitioned and Acquisition Act, 1948 on 28th of November, 1972. Possession of such requisition land of the petitioner was taken over by the State Government on 28th November 1972. On the very same day i.e. on 28th November 1972 the possession of the said land was delivered to the Kolkata Metropolitan Water and Sanitation Authority.

(3.) Mr. A.K. Roychowdhury, Assistant Engineer, Division VIII, Kolkata 'Metropolitan Water and Sanitation Authority received the delivery of possession of the said land from the land acquisition officer by acknowledging the receipt of delivery of possession of the said land, on the possession certificate. Since then the said Kolkata Metropolitan Water and Sanitation Authority is in possession.