SK WAHAD HOSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner prays for a writ in the nature of Mandamus commanding the respondent to forbear from giving effect or further effect to the notice being annexure 'h' to the writ petition so far as the land of the petitioners is concerned and not to adopt any measure for taking possession of the land of the petitioner and for consequential reliefs.

(2.) THE facts as disclosed in the writ petition and several supplementary affidavits are as follows :

(3.) THE petitioner is in bakery business for the last 32 years and has been running two bakary factories. By an advertisement published in the Bengali daily Aajkaal dated 19. 1. 86 the Government of West Bengal invited applications in requisite form all concerned for grant of licence for flour mill in different parts of West Bengal and the petitioner felt interested in the same. In response to the said advertisement the petitioner hastened to apply in February 1986 and as an essential requisite purchased land measuring 67. 5/8 acres in a portion of C. S. Plot no. 329 R. S. Plot no. 133 J. L. No. III of mouja Purba Ichapur. Immediately on purchase the petitioner obtained necessary sanction from the local panchayat to erect structure and constructed a boundary wall round the plot purchased and put up a sign board "site for Flour Mill'. "by a letter dated 21. 8. 86 the Deputy Secretary, inspection and quality control. Govt, of West bengal, Directorate of Inspection and Quality Control informed the petitioner that the application for licence for establishment of flour mill has been duly forwarded to the Deputy Secretary, Government of India, food and Civil Supplies. The petitioner advanced Rs. 51,000/- for purchase of machines. The United Bank of India agreed to sanction the necessary loan for setting up the Flour Mill. In view of the assurance of the state Govt, that there was no objection to the setting up a flour mill in the proposed area the petitioner invested more than a lakh of rupees in establishing the said factory. Suddenly on September 6, 1987 the petitioner was served with a notice of requisition by the Govt, of West Bengal under section 3 of the W. B. Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as Act II of 1948) in respect of the above land purchased for establishment of a flour mill and he' was intimated that possession would be taken on 8. 9. 86 3or establishment of sub station of West Bengal State Electricity Board. The petitioner immediately ther after filed this writ petition on 8. 9. 86 and obtained an interim injunction restraining' the respondents from interfering with his possession. By supplementary affidavit the petitioner alleged that subsequently the petitioner has been granted a registration number by the Central Government for the purpose of facilitating the petitioner in establishing a flour mill and the State Govt, has also called for a report from the petitioner as regards the progress of the project. It is also alleged that even if the land of the petitioner is left out the State Electricity Board would have sufficient frontage for construction of the sub station.