The court emphasized the importance of compliance with the requirements under Section 4(1) of the Land Acquisition Act and held that the acquisition of the land was lawful.

JUDGMENT :

Aniruddha Roy, J.

1. An intra-court mandamus appeal was filed assailing the impugned judgment and order dated August 20, 2009 (for short, the impugned order) passed in WP No. 31978 (w) of 2008 (for short, the writ petition), whereunder the writ petition was dismissed and the acquisition of land was upheld.

Facts

From the writ petition:

2. The land in question in the District of Howrah was measuring about 145 cottahs being R.S. Plot No. 449; H.S. Khatian No. 256 equivalent to an area of about 1.00 acre classified as Karkhana, Mouja: Malipanchghara J.L. No.1 with the Howrah Municipal Premises No.171, G.T. Road (North), Police Station, Malipanchghara, Howrah-711106 (for short, the said land). The total value of the land claimed to be few crores of rupees.

3. The appellants being the writ petitioners from their predecessors-in-interest were the absolute owners of the said land.

4. At all material time the predecessors-in-interest of the appellant had setup an iron foundry under the name and style of M/s. Atta’s Iron Foundry at the said land and the appellants with the passage of time had carried out the said iron foundry business which was an age old and renowned, existed for about 100 years in the foundry business. It was carried out as a partnership concern of the appellants. The said land in the revenue records was classified as “Karkhana”. The said foundry with all its required infrastructural facilities was in existence at the said land.

5. Till the year 1990 the said foundry was in a running condition with about 59 nos. of workers as a productive cast iron foundry unit.

6. Pursuant to and in terms of the order passed by the Hon’ble Supreme Court on August 06, 1996 in WP (Civil) No. 3727 of 1985 with the intervention of the State Authority the said foundry was closed down to ensure that necessary pollution control devices could be installed to run the said foundry further. The closure of the said foundry was also duly notified to the local police authority by letter dated February 14, 1996. For installation of the necessary pollution control devices and to make the foundry modernized after compliance of all the statutory requirements, a substantial fund was required, which could not be arranged by the said Atta family due to severe financial crisis being faced by them at the relevant point of time. In or about 2006 the necessary fund was arranged and the required modernization work including installation of the pollution control devices had commenced at the said foundry.

7. By a communication dated February 05, 2008 the appellants were informed from the office of the Sub-Divisional Land & Land Reforms Officer that since the factory remained closed for a long years, a survey was required to be conducted by the State authority on February 12, 2008 at about 1:00 PM and accordingly the appellants being owners of the land were requested to be present at the said foundry. This was the first communication received by the appellants. The purpose of survey was also not disclosed in the communication nor such purpose was ever communicated to the appellants.

8. Pursuant to and in terms of the said notice dated February 05, 2008 the necessary survey was conducted by the State authority on February 12, 2008 and the father of the present appellant no.1 Sri. Santilal Atta, since deceased (first writ petitioner) was present. The concerned official of the State while carrying out the said survey informed that this was nothing but a routine survey in respect of a closed factory.

9. By a letter dated March 07, 2008 the writ petitioners replied to the said memo dated February 05, 2008 requesting the State authority not to proceed any further in the matter and to close the issue.

10. By another letter dated March 10, 2008 the Sub-Divisional Land & Land Reforms Officer informed that a hearing would be held on March 13, 2008 regarding the utilization of the said land and the writ petitioners were requested to be present on March 13, 2018 at 1:00 PM.

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