SANTANU MALKHANDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard Petitioner in person and learned advocates appearing for the State Respondents. This Writ Petition has been filed claiming relief of compensation against the acquisition of land in question and for delivery of possession of the land in question which was derequisitioned and compensation for requisition of the land in question. Relevant facts in brief in this case is hereunder. According to the petitioner, he has received a copy of the order issued by the Collector, Burdwan, the respondent no. 2 dated 09.01.2009 informing him that the land in question under Khaitan No. 205, plot no. 231 which was requisitioned by the authority concerned has been released from 29th March, 2010 being Annexure 'P-1' to the Writ Petition.

(2.) Petitioner contends that plot no. 233 and 231 in question was owned and possessed by his mother Sudharani Malkhandi now deceased. Petitioner contends that 0.28 decimal under Khaitan No. 231, 0.62 decimal under Khaitan No. 233 of land were requisitioned for the said public purpose in the year 1977 and mother of the petitioner was the recorded owner and in possession of the land in question who died on 25th November, 1987. It appears from paragraph 5 of the Writ Petition that the petitioner after 25 years of the death of his mother has learnt that no compensation was paid to his mother for the land in question requisitioned before her death nor to any of her legal heirs after the death of the mother of the petitioner but has not disclosed the source from where and when he got this information. Petitioner contends that the land in question was under the possession of the Collector for 35 years. In paragraph 5 of the Writ Petition he also contends that he has also learnt that the mother of the petitioner had filed a Writ Petition in this Court before 1987 and this Court has directed respondent nos. 1 to 3 to pay 80 % compensation of the total amount claimed but strange enough that he has neither given the Writ petition number nor the date of order of this Court if passed in the Writ Petition nor the amount of compensation claimed by his mother. He further contends that he has instructed his clerk to make a search of the case and came to know that not a single penny has been paid to his mother in terms of the said order without disclosing who is that clerk, from where he made the search and in terms of which order of the Court money was not paid. It appears that the petitioner is also not aware that what measurement of land has been acquired by the authority. In paragraph 9 of the Writ Petition, he contends that 10 persons have received the order of release of the requisitioned land in question and he is one of them. Petitioner contends that neither he nor any of the legal heirs were given hearing for determination of the compensation on requisition/acquisition of the lands in question of Late Sudharani Malkhandi though none of the legal heirs is petitioner here and made any agitation in this regard. Petitioner has also alleged in the Writ Petition that he has appointed one Sri Hari Sadhan Roy by executing a power of attorney to take delivery of the possession of the derequisitioned land and he came to know from the said power of attorney holder that private respondents no. 5 and 6 are in possession of the released land in question under Khaitan No. 231 and the nature and character of the land has also been changed by the those two private respondents. The State Respondents have filed affidavit-in-opposition and contended as hereunder. The L.A. Case bearing no. 7R/3/85-86 was initiated in the year 1985 under the provision of the West Bengal (R&A) Act, 1948 at the instance of the Assistant Secretary, Government of West Bengal, Town and Country Planning, Planning Branch, Calcutta (vide his memo no. 1535-T & CP/1H-1/84 dated 1.06.85) as per proposal of the Asansol Durgapur Development Authority (hereinafter referred to as "ADDA") for requisition and acquisition of land in Mouza-Ismail, J.L. No. - 22 and Mouza- Narsinghabad, J.L. No. - 21, P.S. - Hirapur, District - Burdwan for constructions of an arterial road within the Asansol urban area. The Person Interested (P.I) was prepared and duly approved by the authority concerned on 2nd October, 1989 for requisition and acquisition of 6.48 acres of land.

(3.) The requisition order under Section 3(I) of the West Bengal (Requisition and Acquisition) Act, 1948 was approved by the authority concerned on 02.10.1989. The possession of the subject land was taken over and made over to the Requisitioning Body (R.B.) on 06.10.1989. The plot no. 231 (P), class- Danga, area-0.04 acres out of total area 0.28 acres and plot no. 233 (P), calss- Baid, area - 0.35 acres out of total area 1.99 acres including other plots of Mouza-Ismail, J.L. no. - 22, P.S. - Hirapur, District - Burdwan was requisitioned in the L.A. Case No. 7R/3/85-86. The requiring body ultimately abandoned the project and submitted a proposal to handover the said land and ultimately in pursuance of the order of the Rs.& L.R Department, the said land was derequisitioned. The order of payment for requisition compensation to the actual land owners was passed on 9th January, 2009 vide memo no. 194-LA- 2P-56/97. The compensation was fixed at the rate of 12% per annum on the valuation as on the date of possession till the date of derequisition of land in question. Subsequently, an action was taken as per the order of the Rs.& LR Department Government of West Bengal and an estimate duly approved by the Collector of Burdwan in connection with the payment of requisition compensation to the actual land owners was sent to Rs.& LR Department for their approval. Their estimate was duly approved by the Rs.& L.R Department. The estimated fund amounting to Rs. 31,25,125/- was received from the requiring body (C.E.O, ADDA, Asansol). The possession of the subject land measuring 6.48 acres was taken back from the requiring body on behalf of the Collector Burdwan on 16th March, 2010. Thereafter derequisition notice was served on the actual land owners vide process no. 106/219 dated 23.03.2010 and the derequisition of the subject land was made on 29th March, 2010. The derequisition notice was sent to the writ petitioner also. Lastly, the payment notices were served upon the actual land owners as per the records based on hearing in connection with the instant case to receive payment of requisition compensation on 24.09.2010, 27.09.2010, 28.09.2010 and 29.09.2010 at Katha Building near ADM office, Asansol.