KALAM KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the writ petitioners have prayed for issuance of a writ of mandamus against the respondent/authorities for commanding them to act in accordance with the Land Acquisition Act, 1894 (hereinafter referred to as the said 'Act of 1894' in short) and also to act in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013( hereinafter referred to as the said 'Act of 2013' in short) with a further prayer to award compensation in favour of the writ petitioner in respect of the plots of land which are subject matter of the instant writ petition with an alternative prayer for reverting back the possession of the said plots of land to the writ petitioner.

(2.) It is pertinent to mention herein that in the instant writ petition the respondent no.1 is the Union of India and the respondent nos. 2 to 5 are the different functionaries of the South Eastern Railway Authority. The respondent nos. 6 to 11 are however the functionaries of the State of West Bengal.

(3.) It is the case of the writ petitioners that one Mithulal Sharma @ Mithu Mistry who was the grandfather of the writ petitioners was the owner of the plots of land bearing plot nos.22, 13, 82, 225/355 in Mauja Mathurakati Khas Jungle, J.L No.143, Touzi No. 2723, Mathurakati Khasjungal (Nimpura), Khaitan No.2 (Old), 18, 374 (New) and 337 (New) measuring about 7.48 acres. It is the further case of the writ petitioners that by virtue of a probated will left behind by the said Mithu Mistry, since deceased, the writ petitioners became owner of the said plots of land and came into possession of the same. It is the grievance of the writ petitioners that in respect of the said plots of land a land acquisition (LA case no. 9 of 1964-65) was started wherein 37 decimals of land was acquired in plot no.82 out of 56 decimals by the Land Acquisition Collector of District Mednipur for the requiring body i.e. South Eastern Railway and in such acquisition proceeding compensation has been awarded.