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2001 Supreme(Cal) 1

ALTAMAS KABIR, RANJAN KUMAR MAZUMDER
Sterling Stock Brokers Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
Pradip Kumar Ghosh, Dipankar Chakraborty, Chandra Nath Mukherjee, Ajay Sankar Sanyal for the Appellants.
Nara Narayan Gooptu, L.C. Bihani, Prasenjit Basu, Somnath Ghosh, Krishnendu Guptoo, Dipendra Nath Chunder, Rabindra Narayan Dutta, Soumen Bose for the State & other Respondents.
Debabrata Banerjee, Sandeep Ganguly for the West Bengal Housing Board.

JUDGMENT

ALTAMAS KABIR, J.

1. Except for the appeal filed by the West Bengal Housing Board, being M.A.T. No. 2964 of 1997, in respect of a writ petition filed on the Appellate Side, all the other appeals arise out of a common judgment dated 3rd October, 1994, passed by the learned Single Judge in respect of 35 writ petitions of which 30 were moved on the Original Side and 5 were moved on the Appellate Side, since common questions of law and fact were involved in all the matters. Out of the 35 writ petitions, in 6 writ petitions directions were given for restoration of possession of the requisitioned lands on the ground of non-service of the orders of requisition. In the remaining matters, the orders of requisition were held to be legal and valid. Out of the said 29 writ petitioners whose writ petitions were dismissed, 26 have come up in appeal against the judgment and order of the learned Single Judge.

2. On 13th March, 1993, an order of requisition was made under section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948) in respect of 17.332 acres of land in Kasba Mouza. Possession of the said land was taken over by the State Government







































































































































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