A commitment or representation made by the Government or other authority acted upon by the claimant by writ proceedings is the basis and fundamental condition for grant of the relief. Such commitment or representation in material aspects is the primary and basic material fact in the cause of action for relief claimed and even if it is not expressly provided for in the order granting the relief, whether on consent or otherwise, it remains and continues to remain an implicit but effective condition of the relief as without it the relief granted will be one without jurisdiction in an application under Article 226 of the Constitution.

( 1 ) THIS is an appeal from the orders dated November 12 and 24, 1976 passed by M. M. Dutt J modifying his earlier order dated August 5, 1976 disposing the Civil Rule No. 18143 (W) of 1975.

( 2 ) FOR the establishment of Haldia Dock, lands of residents in Mouza Debhog whereon, it was alleged, their homes and hearths were situated, were acquired under the provisions of the Land Acquisition Act, 1894 by the State of West Bengal (sic) the Board of Trustees for the Port of (sic) cutta (hereinafter referred to as the (sic) cutta Port Trust" ). There were negotiations between the State Government and the representatives of the people of Mouza Debhog for rehabilitation of the inhabitants of Mouza Debhog affected by the said acquisition and the Government of West Bengal by its letter of January 8, 1974 communicated its decision to tile Collector of 24-Parganas to allot plots to the affected families of the Mouza Debhog for rehabilitation out of lands adjacent to the town area to be obtained from the Calcutta Port Trust, on payment of coats of acquisition, and 4 cottah plot without, development was to be allotted to each affected family.

( 3 ) THE Collector of Midnapore by Its letter dated July 17, 1974 informed the Secretary, Haldia Mulyan Committee, as representing the local people, to arrange for deposit of Rs. 3,01,699. 75 p. to the Calcutta Port Trust as costs of acquisition of 28. 33 acres of such land for allotment to affected families of Mouza Debhog. The Collector further advised that on such deposit the said under-developed land would DP handed over to the Secretary for allotment to the evicted families of Mouza Debhog. The same position was reiterated in the letter of the Special Land Acquisition Officer, Haldia Project, Midna-pore dated August 14, 1974 and letter dated October 1, 1974 (Annexs. B. D, G and I respectively of the petition of motion in C, R, No. 6665 (W) of 1974 referred to hereinafter ).

( 4 ) BEFORE the arrangements were finalised, it was alleged, on or about November 3, 1974 some residents of Mouza De-bhog were served with notice under Section 47 of the Act by the Government without honouring the commitments aforesaid and informing them that as they failed to deliver possession of the lands acquired, possession of such lands would be taken by the Additional District Magistrate, Tamluk on November 8, 1974. Some of residents of the Mouza numbering 160 thereupon moved an application in this Court under Article 226 of the Constitution challenging the acquisition and for appropriate writs commanding the respondents the State of West Bengal and the Calcutta Port Trust to show cause why the notices for possession should not be cancelled and directing them not to take possession of the properties of the petitioners until they were provided with suitable accommodation as disclosed in Government communications referred to above. On this application Civil Rule No. 6665 (W) of 1974 was issued on November 5, 1974 with interim injunction restraining them from taking possession of the lands acquired in Debhog Mouza.

( 5 ) THE Rule was contested by the respondents by filing affidavits-in-opposition and was ultimately disposed of by A. K. Mookherjee, J. by order dated April 8, 1975 in effect on consent. It was provided therein as follows :-- (i) The petitioners in the Rule would deposit the costs of acquisition being Rs. 3,01,699. 75 p. of the lands described in the schedule to the order within three months from date. The schedule was subsequently modified in minor aspects. (ii) Upon such payment the Calcutta Port Trust would make over possession thereof to the Special Land Acquisition Officer, Haldia who would in his turn make over possession of such lands within one week thereafter to the authorised representatives of the petitioners. (iii) Within November 30, 1975 the petitioners would make over possession of the acquired lands in their possession and in default possession would be taken "witho