LILABATI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition is in connection with L. A. Case No. 1/12/159/61-62. The petitioners claim to be the recorded owners in respect of Premises No. 3(P), 3/1(P) Kali Prasad Chatterjee Lane, at present 3, 3/1, 3/2, 3/3, 3/4 and 3/5 Kaliprosad Chakraborty Lane. This was in pursuance of a scheme of Howrah Improvement Trust being Scheme No. 1, on or about the year 1959 the Land Acquisition Collector started L. A. Case being No. 1/12/159/61- 62. The Land Acquisition Collector being respondent No. 4 herein started acquisition proceeding for the purpose of constructing a park and a 40 ft. wide road. The Land Acquisition Collector did not take any action for the last 27 years i.e. the Land Acquisition Collector had not proceeded with the L. A. case for a long time. Naturally, the petitioners were under the impression that said L. A. Collector dropped the case.

(2.) The petitioners made representation to the L. A. Collector as well as the Chairman, Howrah Improvement Trust to release certain portion of the premises from the acquisition proceedings inasmuch as those portions of lands were not directly affected by the proposed park and/or road.

(3.) The petitioners alleged that they were aware that the said scheme of the Howrah Improvement Trust is for a proposed picnic park and a 40 ft. wide path by the side of the said holding.