LAWS(CAL)-1979-4-6

RASHBEHARI JANA Vs. ADDL DISTRICT MAGISTRATE MIDNAPORE

Decided On April 03, 1979
RASHBEHARI JANA Appellant
V/S
ADDL DISTRICT MAGISTRATE MIDNAPORE Respondents

JUDGEMENT

(1.) THE Rule was obtained on 10th February 1978, impeaching several notices in Annexure 'a', issued for requisitidning various plot of lands in Mouza Gangyachar, J. L. No. 253, P. S. Nandigram, in terms of the provisions of West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as the said Act), for the purpose of setting up dumping ground for developing the shipping channel from Haldia to sea, and as the same, in the opinion of the Requisitioning Authority under the said Act, was thought to be necessary for the purpose of maintaining supplies and services essential to the life of the community or for providing proper facilities for transport / irrigation / drainage.

(2.) AT the time of the issue of the rule, no interim order was issued. But an application for necessary order of injunction was filed on 4th May 1973. The Land Acquisition Collector, midnapore, Respondent No. 2, on 7th december 1978, also filed an application for vacating the interim order. It should be noted that on 29th June 1978, after hearing the learned Advocates appearing at the relevant time, an order was made for maintaining the status quo in respect of possession as on that date, and further directions were given that nobody should enter the lands. These two applications ultimately came up to hearing on 30th January, 1979, when after hearing the learned advocates and considering the urgency of the matter. an early hearing of the Rule was directed. At the time of making the said order, the learned Advocates appearing for the parties agreed that the application for vacating the interim order, as filed by the Respondents other than respondent No. 5, would be used as opposition to the main Rule and correspondingly, the opposition as filed by the petitioners, should be considered as their reply. Since the requisition in question has been made for or at the instance of Calcutta Port Trust, Mr. D. K. Chowdhury, appearing for them, also prayed for leave to make an application for addition of party. The leave, as asked for, was granted and pursuant thereto, on an application dated 31st january 1979 being filed, an order was made on 13th February 1979, allowing the Board of Trustees for the Port of calcutta, to be added as Respondents in the Rule. These added Respondents also filed an application for vacating the interim order of injunction and the said application, on the prayers of the learned Advocate for the added Respondents, was directed to be treated as their opposition in the Rule and the petitioners were given time to file their reply, if any, within a week. Even inspite of the above admitted facts, an affidavit in opposition was filed by the state Respondents and Consequently on the prayers of the learned Advocate for the petitioner, they were given liberty to file their reply on or by the next date of hearing, which was fixed on 23rd March 1979.

(3.) THE petition is a composite one, brought at the instance of many petitioners, in respect of various notices issued for requisitioning their lands under the said Act. The petitioners have disclosed the relevant particulars of their holdings and interests in respect of them. All the notices as annexed to the petition excepting one, relate to case No. (R and A) 55 of 1976-77 under the said Act and the other notice is in respect of case No: (R and A) 5 of 1976-77 under the said Act and is addressed to Maheswar Jana, petitioner no. 8. Although the notices as impeached relate to two cases under the said act, the challenges thrown against them are the same.