RASH MOHAN CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Rule is directed against an order of requisition under section 3 (1a) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948) in respect of plots Nos. 6 and 7 measuring 1. 3525 acres in Mouza Dum Dum House in the district of 24-Parganas passed by the Additional District Magistrate, 24-Parganas (North ). It will appear from the copies of the order of requisition served on the petitioners Nos. 1 and 2 (originals were of ware produced at the hearing) that the said lands were necessary for the purpose of maintaining supplies and services essential to the life of the community or for Veterinary Hospital at Dum Dum.

(2.) THE petitioners' case is that the veterinary Department had a large tract of land including suitable structures standing thereon on the adjacent land where Veterinary Hospital had been functioning for a pretty long time. It was only a few years back that about. 60 bighas of lands had been gold by the Veterinary Department and on the said lands residential structures had been built by the State Government.

(3.) DR. Mukherjee, the learned counsel appearing for the petitioners contended that when the Veterinary department did not require the lands in its possession and as a matter of fact itself sold about 60 bighas of land for the purpose of construction of residential structures for different persons not connected with veterinary Department, it cannot be understood as to what can be the impelling necessity for the Veterinary department to require the small area of the land in question namely, 1, 5325 acres lying near the said Veterinary hospital. Dr. Mukherjee contended that in the aforesaid circumstances the veterinary Department cannot legitimately claim to have genuine requirement of the said area for a Veterinary hospital Dr. Mukherjee further contended that on the face of the materials on record it is quite apparent that the plot purported to be requisitioned, was being utilised for building residential structures for the low income group persons and when the Veterinary department itself only recently thought it fit to dispose of about 60 bighas of lands in its possession for building residential structures, it cannot be said that the Veterinary Department will be justified in frustrating the said scheme of petitioners to construct residential structures for the low income group persons on the requisitioned lands on the plea of starting Veterinary hospital on the said small piece of land. Dr. Mukherjee further contended that the order of requisition as served on both the petitioners will show that the Requisitioning Authority did not properly consider the facts and circumstances of the case and also did not specify precisely as to for what purpose the lands were going to be requisitioned. It will appear from the copies of the orders served on both the petitioners that the order of requisition was purported to have been made for the purpose of maintaining supplies and services essential to the life of the community or for veterinary Hospital. Dr. Mukherjee submits that it is thus evident that the requisitioning authority could not specifically decide the real purpose for the purported requisition and the requisitioning order is vague for the said disjunctive expression 'or'. Dr. Mukherjee further contended that the purported order of requisition was passed in a colourable exercise of power without properly ascertaining the real nature of the structures and the intended user of the appertaining lands and the Requisitioning Authority had also no occasion to know the essential features of the lands and the intended user of the same.