LAWS(CAL)-1999-5-9

INDIAN VEGETARIAN CONGRESS Vs. STATE OF WEST BENGAL

Decided On May 10, 1999
INDIAN VEGETARIAN CONGRESS Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 25-5-98 passed by a single Judge of this Court whereby the writ petition No. 8025(W) of 1998 was dismissed.

(2.) By a notification dated 22-8-1961, Government of West Bengal acquired a land measuring more or less 151.18 acres for a public purpose namely, the construction of Mourigram-Dankuni Link Project of South Eastern Railways After completion of the project, Southern Railway surrendered the surplus land of about 78 acres which were not utilised in the project and handed over the same to the Animal Resource Development Department (ARDD in short), State of West Bengal, which leased out a considerable 4 portion of the said land measuring about 46.42 acres duly registered on 9-6-95 in favour of a private sector enterprise namely, Fregerio Conserve Allana Limited of Mumbai (hereinafter referred to as the said Company) for construction of a food processing unit including an abattoir at Mourigram for a period of 99 years.

(3.) On 13-4-98 Indian Vegetarian Congress and his President as petitioner Nos. 1 and 2 respectively along with the heirs of the erstwhile land owner, petitioner Nos. 3 to 6, whose lands were acquired for the purpose of the railway project jointly filed a writ petition before the ld. single Judge challenging the said lease for 99 years created by the Government in favour of the said Company praying for the writs as contained in a, b, c, d of the prayer portion of paragraph 23 of the writ petition :