JAID ALI MOLLAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) As many as 92 writ petitioners who are all residents of village Bhatipota, Mouza Gangapur, P.S. Bhangore, Dist. South 24-Parganas have filed the present writ petition challenging the requisition and acquisition processes initiated by the authorities of the State Government in respect of their lands apartaining to Gangapur mouza for the purpose of setting up an integrated leather complex there. As submitted, it is the case of the petitioners that they are in occupation of the concerned lands either as owners or as Bargadars and they are all cultivators and have cultivated their high yielding lands from which they maintain their livelihood and the State Government cannot requisition such lands for the aforesaid purpose and at any rate before taking possession of the lands the State Government should prepare appropriate scheme for rehabilitation of the land losers. It is also contended that so much of land as sought to be acquired by the Government is not necessary for the purported purpose and at any rate other suitable lands elsewhere may be available for the purpose instead of acquiring the high yielding agricultural lands of the petitioners. It is also the contention of the petitioners that so much of lands as contemplated by the Government for the purpose of taking possession to set up the leather complex will not be at all necessary and a lesser quantity of land will serve the purpose. It is the further contention of the petitioners that all the petitioners have not received any notice in this respect as required under law. Accordingly the petitioners have prayed for direction upon the respondents to refrain from taking possession of the concerned lands or in any way distributing the cultivation and the actual possession of the lands without following the procedure laid down in the statute and without preparing proper scheme for proper rehabilitation and offering means of survival to each land loser. It is also the prayer of the petitioners that the respondents may be directed to assess before possession is taken as to how much land will be actually necessary and whether cultivable lands can be excluded from the scope of acquisition, and also to pay actual compensation and damage to the petitioners whose lands should be decided to be acquired or requisitioned. This writ petition was filed on 28th January, 1994 and a learned Judge of this court passed an interim order on 4.2.94 restraining the respondents from proceeding any further on the basis of the order passed on 17th November, 1993 for requisitioning the lands mentioned in the said order, and the parties were directed to maintain status-quo in respect of the said lands.

(2.) An affidavit in opposition was affirmed on behalf of the respondents. It is the case of the respondents that the Directorate of Cottage and Small Scale Industries, West Bengal had approached the Land and Land Reforms Department for requisition and subsequent acquisition of a vast quantity of lands to set up an integrated leather complex in mouza Gangapur, Bhati-pota and Kariadanga under P.S. Bhangore and accordingly considering the public utility of the project the Land and Land Reforms Department approved the proposal and directed the Collector and Dist. Magistrate, South 24-Paraganas to start a proceeding under the West Bengal Land (Acquisition & Requisition) Act II, 1948. It is also stated in the affidavit-in-opposition that the said proposal was checked and the areas so desired by the requiring body for constituting the leather complex was reconciled with the land schedule and plan as submitted by the requiring body alongwith the report received from the Block Land and Land Reforms Officer, Bhangore and the primary inspection was completed on 16th November, 1993 and requisition order was passed on 17th November, 1993 as per provisions laid down in section 3(1) of the West Bengal Land (Requisition & Acquisition) Act II, 1948 for an area of 526.36 acres of land in the different mouzas including Gangapur and ultimately possession for 525.01 acres of land was taken and handed over to the Assistant Secretary, Cottage and Small Scale Industries on 26th November, 1993. It is also stated in that connection that the disparity for an area measuring 1.35 acres of land between requisition order and possession report happened due to a vesting report which was sent earlier by the B.L.L.R.O., Bhangore I on 18th November, 1993. It is stated on behalf of the respondents that to give 80% award to the land lesers, the sale report was prepared as per provision laid down in the said Act II of 1948 and necessary fund for payment of 80% award has already been arranged by the requiring body and/or appropriate authority and subsequently the land acquisition department has prepared an estimate towards the cost of the land and structure as requisitioned and the same has been sent to the higher and competent authority for approval. It is further stated in that connection that the work of verification of land schedule is in progress and payment of compensation to the interested parties as per provision of Act II, 1948 and the rules framed thereunder could not be started due to the interim order of status quo as passed by this court on 4.2.94. It is asserted in the affidavit-in-opposition that there exists no religious, charitable or educational institution on the requisitioned lands and possession of the concerned lands was taken when they were completely vacant although the classification in the finally published record of rights described the lands as Sali. In paragraph 6 of the affidavit-in-opposition it is categorically stated that the requisitioned lands are necessary to build up the integrated leather complex for the grater interest and utility of the common people of West Bengal and this will provide a large number of unemployed youths with different types of jobs when the situation of unemployment is alarming and there is crisis of industrial growth in this State. It is also stated in the affidavit-in-opposition that the requisition order dated 17.11.93 was served upon the owners of the lands and also upon the occupiers as per rules and the writ petitioner Md. Jiad Ali Molla and some other writ petitioners received copy of the order and did sign the office copy of the notice. It is also stated in the affidavit-in-opposition that possession of the lands in question thereupon was taken by the competent authority and delivered to the requiring body on 26.11.93. annexure A to the affidavit-in-opposition is a collective bunch of a copy of the notice, certificate of possession, requisition order etc. In paragraph 8 of the affidavit-in-opposition it is stated inter alia that in respect of compensation of the land losers the writ petitioners will be given 80% of the land value (tentative amount) immediately so fixed in accordance with the provisions of Act II of 1948 and the rules framed thereunder, provided they can establish their title and/or any right of possession on the land in question. In paragraph 13 of the affidavit-in-opposition it is inter alia stated that the steps for acquisition were taken in the grater interest and benefit of the public to expand trade and commerce to solve the huge unemployment problem as exists in the state, and that there is no legal bar for the Government to acquire the land in question, particularly when the benefit of the public and the public interest is involved in the concerned project.

(3.) From the facts, circumstances and materials of record it is evident that the concerned authority after issuing proper order and notice under the provisions of Act II, 1948, took possession of the concerned lands and also delivered possession of the same to the requiring department on 26.11.93. Since there exists no religious, educational or charitable institution on the concerned lands there is also no bar for requisitioning the lands under section 3 of the Act II, 1948. There is also no gain saying that the proposed project, namely, the setting up of the integrated leather complex will no doubt contribute its mite in the matter of solving the unemployment problem of the time and also in bringing about industrial development in a methodical way.