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High Court Of Calcutta
B.P.Banerjee, J.
Indian Fuel
Vs.
State Of West Bengal
Decided On : May 22, 1986
JUDGMENT 1. THE fact of the case is that the petitioner no. 1 is a registered partnership firm and was formed for carrying on business of manufacturing of coal briquets for domestic use. For the purpose of setting up of a factory for manufacturing of coal briquets, the petitioners purchased lands measuring about 68 cottahs in plot Nos. 6, 7, 12 and 13 in Khatian No. 1268 and 1787 in Mouja Bankra, Police Station Domjur in the District of Howrah from the Respondent No. 14 to 27 by registered deed.
Fact of the Case:
The fact of the case is that the petitioner no. 1 is a registered partnership firm and was formed for carrying on business of manufacturing of coal briquets for domestic use. For the purpose of setting up of a factory for manufacturing of coal briquets, the petitioners purchased lands measuring about 68 cottahs in plot Nos. 6, 7, 12 and 13 in Khatian No. 1268 and 1787 in Mouja Bankra, Police Station Domjur in the District of Howrah from the Respondent No. 14 to 27 by registered deed.
Finding of the Court:
Accordingly, I hold that: - (a) The disputed land on which the factory was established by the petitioners were not validly and properly requisitioned under the provision of the West Bengal Land (Requisition and Acquisition)Act, 1984 and that the C. M. D. A. had not acquired any right, title or interest on the strength of the purported order of requisition and the possession of the lands in question remained with the petitioner. (b) That the officers of the C. M. D. A. acted illegally and mischievously in trespassing into the said factory premises and demolishing the same causing colossal loss to the petitioners. (c) That the petitioners are entitled to adequate compensation for the loss caused to the petitioners by demolition of the structures as also for loss of income and damages to the plants and machineries for which the petitioners are entitled as an adinterim compensation a sum of Rupees two lakhs from the C. M. D. A. and that the petitioners would be at liberty to file a suit, for compensation where the lull amount of the compensation should be computed on evidence and the sum paid in terms of this order should be deducted from the amount of compensation which would be determined in such proposed suit also make it clear that the C. M. D. A. would be at liberty to proceed against the erring officers who brought about to such a situation.
Issues: None
Ratio Decidendi: In my view, this requirement of service of notice strictly in accordance with the provision of section 3 (2)of the Act read with Rule 3 of the said Rules is a mandatory requirement and in the facts and circumstances of the case, noncompliance of the procedural requirement makes that proceeding void and ultra vires.
Final Decision: Let a writ it the nature of Certiorary do issue quashing the order of requisition passed under section 3 (1) of the Act in so far as the disputed plots in question at mouja Bankra, P. S. Domjur, district Howrah. (b) Let a writ in the nature of Mandamus do issue commanding the respondents from interfering with the petitioners' possession of the land in question. Let a writ in the nature or Mandamus do is the commanding the respondent C. M. D. A. to pay a sum of Rupees two lakhs as interim compensation within a period of 6 weeks from do-day to the petitioner as an ad interim compensation which will be adjusted against the total amount of compensation payable in the proposed suit to be filled by the petitioner in this behalf. Considering the nature and extent of damages caused and the manner in which the plants and machineries were destroyed under cover of darkness with police force, the respondent C. M. D. A. shall pay an exemplary cost assessed at 750 G. M. s. The petitioner shall also pay 350. G. M. s to the Special Officer-cum-Receiver appointed by the Court over the property in question. Rule is accordingly made absolute.
1. THE fact of the case is that the petitioner no. 1 is a registered partnership firm and was formed for carrying on business of manufacturing of coal briquets for domestic use. For the purpose of setting up of a factory for manufacturing of coal briquets, the petitioners purchased lands measuring about 68 cottahs in plot Nos. 6, 7, 12 and 13 in Khatian No. 1268 and 1787 in Mouja Bankra, Police Station Domjur in the District of Howrah from the Respondent No. 14 to 27 by registered deed. It was alleged in the writ petition that before the purchase of the property, the petitioner made a through search to ascertain whether the respondents nos. 14 to 27 had a good marketable title and interest to sell the said lands. The petitioner also made enquiries in the office of the Additional Land Acquisition Collector, Howrah to ascertain whether there was an order of requisition and/or acquisition in respect of the said lands and found that there was no such order of requisition and/or acquisition in respect of the said land. Further before purchasing the said property, the petitioners published a public notice in the leading daily Bengali newspaper Anandabazar patrika on 16th February, 1985 whereby it was brought to the notice of the public that the petitioner had entered into agreement to purchase the said property and if anybody had any objection, he could intimate the petitioners within 7 days from the date of such notice. A copy of such public notice is marked as Annexure 'e' to the writ petition. In the Revisional Settlement Record of rights, the names of the respondent Nos. 14 to 27 were duly recorded as raiyats. The Salap Gram Panchayet also certified that, there was no bargadar in the lands in question and that the said certificate was also countersigned by the Local Block Development Officer, government of West Bengal. The property was purchased by five separate registered deeds of conveyance dated 13th May, 1985 respectively. It was also admitted that after the purchase of the said property, the petitioner duly paid the government revenue in respect of the lands in question which was duly accepted by the State of west Bengal in this behalf. The petitioner also paid Gram Panchayet tax to Bankra Gram Panchayet No. 2. Thereafter, the petitioner applied to the Directorate of Cottage and small Industries, Government of West Bengal for registering the factory of the petitioner as a small scale unit and the State Government after making necessary enquiries and on being satisfied, registered the petitioner firm and the factory as a small scale unit and granted a provisional certificate on 30th July, 1985. The petitioner submitted a plan before the Bankra Gram Panchayet No. 2, for sanction for construction of the factory on the plots of land and by the letter dated 8th august, 1985, the said Gram Panchayet duly sanctioned the said plan. After obtaining the sanctioned plan, the petitioner applied for loan for setting up of the said factory to the Syndicate Bank, chittranjan Avenue Branch, Calcutta and the said Bank after making enquiry and inspection on the said proposed factory site sanctioned a sum of Rs. 8,60,000/- as loan against the security furnished by the petitioners by way of mortgage of the land, building and plant machinery of the petitioner's factory.
2. IT appears that after obtaining the sanctioned plan and the loan from the Bank, the petitioners constructed a factory on the said plots of land. It was also alleged that the petitioners installed thereon plants and machinery by spending a sum of Rupees 12 lakhs approximately. It was also alleged that the petitioners thereafter filed application for conversion of agricultural land to non-agricultural land before appropriate authority which, it is stated, is still pending. The petitioner also applied for supply of electricity before the State Electricity Board and that after completion of all the formalities, the petitioners decided to start the running of the production
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