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High Court of Calcutta
Amulya Kumar Nandi, J.
Dipak Kumar Ghosh – Appellant
Versus
State of West Bengal – Respondent
Decided On : Dec 18, 1991
LAND ACQUISITION - WEST BENGAL ACT II OF 1948 - SECTIONS 3(1), 3(2) - CALCUTTA MUNICIPAL CORPORATION ACT - SECTION 537 - EMERGENCY PROVISION - RELIGIOUS WORSHIP - SUMMARY OF THE LEGAL FRAMEWORK APPLIED BY THE COURT IN REACHING ITS DECISION.
Fact of the Case:
The petitioners, occupiers of a disputed land, filed a writ petition challenging the acquisition of the land by the respondents under the West Bengal Act II of 1948, alleging that they were not served with an order under Section 3(1) as required by Section 3(2) of the Act.
Finding of the Court:
The court held that the petitioners were occupiers within the meaning of Section 3(2) of the Act and were entitled to an order under Section 3(1) before the acquisition could proceed. The court also held that the respondents could resort to the emergency provision of the Act despite the provision contained in the Calcutta Corporation Act, as the delay in initiating the acquisition proceeding was not such as to disentitle them from doing so.
Issues: 1. Whether the petitioners were occupiers within the meaning of Section 3(2) of the Act and entitled to an order under Section 3(1) before the acquisition could proceed. 2. Whether the respondents could resort to the emergency provision of the Act despite the provision contained in the Calcutta Corporation Act.
Ratio Decidendi: 1. The court held that the petitioners were occupiers within the meaning of Section 3(2) of the Act as they had constructed a structure on the disputed land. 2. The court held that the respondents could resort to the emergency provision of the Act despite the provision contained in the Calcutta Corporation Act, as the delay in initiating the acquisition proceeding was not such as to disentitle them from doing so.
Final Decision: The court quashed the impugned acquisition proceeding, but allowed the respondents to initiate a fresh proceeding under the Act if they thought it expedient to do so.
1. A group of persons representing "sarbajanin Durgotsab Committee" has filed this writ petition asking the respondent to refrain from proceeding any further with requisition and acquisition of 'lalar Math' comprising Municipal holding Nos. J296 and J298, paharpur Road within Garden Reach P. S. They have further asked for restraining the respondents from interfering with petitioners' user of the said land by way of performing religious worship and other activities. The petitioners are members of a club registered under the Societies Registration act. There was a field commonly known as 'lalar Math' comprised of plot Nos. 267 to 270 of Mouza Garden Reach under Garden Reach Police Station in the district of 24-Parganas. This land was lying vacant and the petitioners are performing Durga Puja in the said vacant place. The Committee was popularly known as "banerjee Bagan Durgotsab Committee". The owners of the land unsuccessfully protested against the activities of this Committee. Nevertheless the petitioners performed various activities upon the said open place. The said vacant place was used for game and sports, meeting and seminars and for religious and political functions. Durga Puja is being performed in the said open space since 1951. The club had different sub committees. On 18th January, 1991 some employees of the Calcutta municipal Corporation fixed a sign board on the land indicating use of the sit for super-market to be sponsored by Calcutta Municipal Corporation. On enquiry the petitioners came to know that the said vacant land was being acquired by the State at the instance of the Calcutta Municipal Corporation. The petitioners thereafter filed a suit in the 5th Court of Munsif at Alipore and interim order of injunction was granted in favour of the petitioners. Calcutta municipal Corporation entered appearance and filed an application under order 39 Rule 4 Civil Procedure Code for vacating the interim order. The petitioners came to know the fact of requisition and acquisition at that point of time. Since the Civil Court is not competent to adjudicate the legality of the acquisition proceeding the petitioners had to approach this court in its constitutional jurisdiction.
2. THE writ is being opposed by Calcutta Municipal Corporation and commissioner of Calcutta Municipal Corporation figuring as respondent nos. 3 and 4 respectively. The respondents challenged the locus standi of the petitioners to maintain this writ application. Now there is no controversy that 'lalar Math' comprising plot nos. 267 to 270 of Mouja Garden Reach is sought to be acquired under West Bengal Land (Requisition and Acquisition) Act, 1948 (Act II of 1948) hereinafter called the Act by the State Government for Calcutta municipal Corporation.
3. SECTION 3 reads as follows : (1) If the State Government is of the opinion that it is necessary so to do for maintaining supplies and services essential to he life of the community (or for increasing employment opportunities for the people by establishing commercial estates and industrial estates in different areas) or for providing proper facilities for transport, communication, irrigation or drainage, or for the creation of better living conditions in rural or urban areas, not being 3***** an industrial or other area excluded by the State Government by a notification in this behalf, by the construction or reconstruction of dwelling places in such areas (or for purposes connected therewith or incidental (hereto), the State Government may, by order in writing, requisition any land and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning: provided that no land used for purpose of religious worship of used by an educational or charitable institution shall be requisitioned under this section. (1a) A Collector of a district, (an Additional District Magistrate or the first Land Acquisition Collector, Calcutta.) when authorized by the State Gover
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