SECRETARY PARNASREE CLUB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner being a Secretary of a Club, viz., Parnasree Club which in its turn is a registered organisation under the Societies Registration Act has sought for relief in the form of Writ of Mandamus directing the respondents to act in accordance with law by acquiring the land under Dag Nos. 590 and 593 situate at Parnasree Behala for the purpose of building a Park for public of that locality, and further direction upon the Municipal Authority not to mutate the name of any private respondent in respect of the said plots of land and further a Writ of Certiorari directing the respondents to produce and certify the whole record so that conscientious justice be done by quashing the order passed in C.O. No. 4178 (W) of 1993. .

(2.) The aforesaid reliefs are claimed on the basis of the facts as stated in the writ petition and substance of which is mentioned hereunder. .

(3.) The subject-matter of the land being Dag Nos. 590 and 593 of Khatian No. 3627 under Mouza Behala were acquired by the Government of India under Rule 75A(2) of the Defence of India Rules for the defence purpose. This acquisition was done by and under a notice published in the Calcutta Gazette on 31st January, 1946. Subsequently the Central Government handed over the said plots of land to the Government of West Bengal for the need of its department of relief and rehabilitation for rehabilitation purpose, viz., to accommodate the migrated persons from the then East Bengal. Though the aforesaid land was acquired and subsequently the possession thereof was handed over to the Government of West Bengal for construction of housing, the land was always being used as a playground of the children of that locality. The aforesaid Club, viz., the Parnasree Club has been controlling the said land for its user. Sometimes in or about 1991 one Alef Nabi Mistri most illegally and clandestinely purported to have transferred the said two plots of land in favour of the respondent Nos. 10 to 13. This land now has been grabbed by the promoters who want to build up a multi-storied building and thereby they are attempting to destroy the playground so also environment of that locality. The said vendor had no title to transfer the interest of land in favour of the respondent 8 Nos. 10 to 13. The said private respondents in collusion with and connivance of the purported vendor have been able to obtain an order of release from this Court passed by His Lordship the Hon'ble Mr. Justice Tarun Chatterjee in Civil Order No. 4178 (W) of 1993. Since no title has been passed on to the respondent Nos. 10 to 13, question of mutation of their names in place and stead of the true owner in the records of the Calcutta Municipal Corporation does not and cannot arise. The order of Justice Chatterjee does not and cannot change the title of the said land which still belongs to the Central Government. .