Jyotirmay Bhattacharya, J.

Gramphone Company India Limited was incorporated on 13th August, 1946 under the then Companies Act, 1913. The name of the said company was subsequently changed to Saregama India Limited on or about 3rd November, 2000 and a fresh certificate of incorporation was granted by the Registrar of Companies, West Bengal. For the sake of convenience, the said Saregama India Limited, the petitioner herein is hereinafter referred to as the said company.

Admittedly, the said company was an intermediary, holding in total 16.29 acres of rent free land at different places within Mouzas Horse Ford and Dum Dum Cantonment, District 24 Parganas (South) on the date when the West Bengal Estate Acquisition Act, 1953 came into operation, i.e., on the 1st day of Baisakh of Bengali Year 1362. The said 16.29 acres of the said company’s land was comprised in several plots; some of such plots were classified as “Danga”, and others were classified as “Pukur” and “Karkhana”, etc. Out of said 16.29 acres of land, 14.33 acres of land comprising of “Danga”, “Pukur”, “Karkhana”, etc. was numbered and identified as 33, Jessore Road, Calcutta. Remaining 1.96 acres of land comprising of “Danga” land was situated on the other side of the Jessore Road just opposite to the Premises No. 33, Jessore Road, Calcutta. This 1.96 acres of “Danga” land is numbered and identified as Premises No. 1, Jessore Road. Thus, we find that the said company’s total land of 16.29 acres was not a compact plot.

Undisputedly, the said company’s land measuring about 14.33 acres comprising of “Danga”, “Pukur”, “Karkhana”, etc. which was part of Premises No. 33, Jessore Road was used by the said company for running its factory on the date when the West Bengal Estate Acquisition Act came into operation. However only one plot being Dag No. 2020 within Premises No. 33, Jessore Road was recorded as “Karkhana” (Factory) in the finally published record of rights. The other plots comprised in the said Municipal holding being Dag No. 2094, 2097, 2019, 2021, 2025 and 2247 were recorded either as “Danga” or as “Pukur” in the finally published record of rights.

Though by virtue of the notification issued under Section 4 of the West Bengal Estate Acquisition Act, 1953 the entire land held by the said company as on the date of vesting, vested with the State under Section 5 of the said Act but the State Government, after holding an enquiry under Section 6(3) of the said Act held that the said company shall be entitled to retain 14.33 acres of land as in the opinion of the State Government 14.33 acres of land is required by the said company for running its factory. There is no dispute between the parties with regard to the entitlement of the said company to retain this 14.33 acres of land on which the said company was running its factory and/or carrying on different activities relating to manufacturing purpose as on the date of vesting.

The dispute with which we are presently concerned relates to 1.96 acres of land comprising in plot No. 2246 and 2248 which is identified as Municipal Premises No.1, Jessore Road. Both the aforesaid plots of land were recorded as “Danga” in the finally published revisional record of rights.

Let us now give a brief history as to how the dispute cropped up between the parties with reference to those two plots of land measuring about 1.96 acres. Though the West Bengal Estate Acquisition Act came into operation as far back as on 14th April, 1955 but it is only in the year of 1999, the State Government decided to determine the actual requirement of the said company for running its factory, under Section 6(3) of the said Act. A reconnaissance survey was conducted by the State Government for enquiring into the nature of user of the said plots of land after due service of notice upon the said company. On enquiry it was found by the State Government that an area of 1.96 acres of land in Dum Dum Cantonment was not used by the said company for factory purp