INDIAN FUEL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE fact of the case is that the petitioner no. 1 is a registered partnership firm and was formed for carrying on business of manufacturing of coal briquets for domestic use. For the purpose of setting up of a factory for manufacturing of coal briquets, the petitioners purchased lands measuring about 68 cottahs in plot Nos. 6, 7, 12 and 13 in Khatian No. 1268 and 1787 in Mouja Bankra, Police Station Domjur in the District of Howrah from the Respondent No. 14 to 27 by registered deed. It was alleged in the writ petition that before the purchase of the property, the petitioner made a through search to ascertain whether the respondents nos. 14 to 27 had a good marketable title and interest to sell the said lands. The petitioner also made enquiries in the office of the Additional Land Acquisition Collector, Howrah to ascertain whether there was an order of requisition and/or acquisition in respect of the said lands and found that there was no such order of requisition and/or acquisition in respect of the said land. Further before purchasing the said property, the petitioners published a public notice in the leading daily Bengali newspaper Anandabazar patrika on 16th February, 1985 whereby it was brought to the notice of the public that the petitioner had entered into agreement to purchase the said property and if anybody had any objection, he could intimate the petitioners within 7 days from the date of such notice. A copy of such public notice is marked as Annexure 'e' to the writ petition. In the Revisional Settlement Record of rights, the names of the respondent Nos. 14 to 27 were duly recorded as raiyats. The Salap Gram Panchayet also certified that, there was no bargadar in the lands in question and that the said certificate was also countersigned by the Local Block Development Officer, government of West Bengal. The property was purchased by five separate registered deeds of conveyance dated 13th May, 1985 respectively. It was also admitted that after the purchase of the said property, the petitioner duly paid the government revenue in respect of the lands in question which was duly accepted by the State of west Bengal in this behalf. The petitioner also paid Gram Panchayet tax to Bankra Gram Panchayet No. 2. Thereafter, the petitioner applied to the Directorate of Cottage and small Industries, Government of West Bengal for registering the factory of the petitioner as a small scale unit and the State Government after making necessary enquiries and on being satisfied, registered the petitioner firm and the factory as a small scale unit and granted a provisional certificate on 30th July, 1985. The petitioner submitted a plan before the Bankra Gram Panchayet No. 2, for sanction for construction of the factory on the plots of land and by the letter dated 8th august, 1985, the said Gram Panchayet duly sanctioned the said plan. After obtaining the sanctioned plan, the petitioner applied for loan for setting up of the said factory to the Syndicate Bank, chittranjan Avenue Branch, Calcutta and the said Bank after making enquiry and inspection on the said proposed factory site sanctioned a sum of Rs. 8,60,000/- as loan against the security furnished by the petitioners by way of mortgage of the land, building and plant machinery of the petitioner's factory.

(2.) IT appears that after obtaining the sanctioned plan and the loan from the Bank, the petitioners constructed a factory on the said plots of land. It was also alleged that the petitioners installed thereon plants and machinery by spending a sum of Rupees 12 lakhs approximately. It was also alleged that the petitioners thereafter filed application for conversion of agricultural land to non-agricultural land before appropriate authority which, it is stated, is still pending. The petitioner also applied for supply of electricity before the State Electricity Board and that after completion of all the formalities, the petitioners decided to start the running of the production in the said factory from the second week of September, 1985 and for supply of power, the petitioners, it is stated, had already installed a generator at the said factory premises so that the factory might start functioning even before the supply of the electricity from the West Bengal State Electricity Board which might take sometime. It was alleged that on 31st of August, 1985, some persons claiming to be the officers of the Calcutta Metropolitan development Authority (referred to as C. M. D. A.), the respondent no. 2 herein came to the said factory premises of the petitioners and threatened, that they would take forcible possession of the said property and would demolish the said factory premises of the petitioner. It was also alleged that the said officers of the calcutta Metropolitan Development Authority refused to disclose their authority to take such forcible possession of the said factory premises, on being threatened by the officers of the CMDA the petitioner immediately filed an application under Section 144 (2)of the Code of Criminal Procedure before the Learned Executive magistrate, Howrah which was registered as M. P. Case No. 1726/85 and that the Learned Executive Magistrate, Howrah passed an order to the extent that the petitioner's possession in respect of the land in question should not be disturbed. It was alleged that a copy of the order passed by the Executive Magistrate was served upon the officer-in-Charge, Domjur Police Station, Howrah on 1st September, 1985, but the copy of the said petition and the order could not be served upon the CMDA and other Authorities as the said authorities refused to accept the same. It is alleged that inspite of the order of the Learned Executive Magistrate in this behalf and inspite of the service of the order of the Magistrate upon the Officer-in-Charge of Domjur Police Station, a large number of officers of the CMDA with police force numbering about 100 assembled at the said plots along with masons with all types of operators including gas cutters to demolish the said factory and started demolishing the said factory. It is alleged, immediately the petitioner rushed to the Superintendent of Police, Howrah and the demolition work was ultimately stopped. On 3rd of September, 1985 at first sitting of the Court, the instant writ application was moved before me and it was stated that the petitioners came to know that at the midnight of 2nd September, 1985 the said structures would be demolished by the CMDA and the Learned Advocate appearing for the petitioner sought to move the writ application in the very night at the residence of a Judge of this Court, but could not move and ultimately on the early morning of 3rd September, 1985, obtained permission from the senior most Judge of this Court to move the said writ application at my residence. But they could not do so in the morning as I was out of my residence in the morning and, ultimately moved before me on the first sitting of the Court on that date and it was alleged that the demolition work had already been started in the dead of night and was still continuing. Accordingly by the order dated 3rd September, 1985, an interim order of injunction was passed ex parte restraining the respondents from demolishing and/or removing any articles or goods from the premises in question and further the respondents were restrained from interfering with the peaceful possession and enjoyment of the property by the petitioner and Mr. Harem Poyra, learned Advocate of this court was appointed a special officer to inspect the premises in question and to take photographs, if necessary, and was directed to submit report by Friday next (i. e. by 6th of September, 1985 ).

(3.) ON 6th of September, the special officer appointed in this behalf submitted a report wherein it was stated that as soon as the order was passed by this Court at 10-55 A. M. on 3rd September, 1985, the Special Officer along with the Learned Advocate of the petitioner reached the factory premises situated at Domjur, District howrah at 1-45 P. M. and saw that the entire construction and the concrete reinforcement columns including the boundary walls of the said factory had been completely destroyed and demolished. It is necessary to set out some portion of the report submitted by the said special Officer. In the said report it was inter alia stated that :-