SUSHILA DEBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition was moved before this Court on December 11, 1986 challenging the order of requisition passed by the District Magistrate, Howrah in exercise of power under Section 3(1) of the West Bengal land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as 'Act II of 1948'). By the said order, the writ petitioners were directed to hand over possession to the Executive Engineer, Howrah Improvement Trust on December 11, 1986 at 10 a.m.

(2.) At the admission of the writ petition, this Court directed the respondents to maintain 'status quo' as in December 8, 1976 till December 15, 1976 and further directed the respondents not to take any further step, as stated in the said order. The said interim order was extended in presence of Mr. A. C. Maitra and Mr. Soumitra Judas Gupta, who appeared. for the State, on December 15, 1986 and subsequently Shamsuddin Ahmed, J. on February 17, 1988 allowed the application filed on behalf of Calcutta Metropolitan Development Authority (hereinafter referred to as C.M.D.A. to be added as party respondent, which was moved by Mr. Aloke Chakraborty, learned Advocate and the said application was allowed by His Lordship.

(3.) As the original writ petition was moved with utmost expedition, the writ petitioners could not take comprehensive grounds and at the subsequent stage two supplementary affidavits, dated December 3, 1988 and April 24, 1989 (hereinafter referred to as 'First Supplementary Affidavit' and 'Second Supplementary Affidavit') were alarmed.