JUDGMENT :

Jay Sengupta, J.

1. This is an application under Article 226 of the Constitution of India, praying for a direction upon the respondent authorities to stop illegal digging or any other construction work in the land of the petitioners, to pay compensation to the petitioners for the damage caused and to restore possession of the land and in the alternative, to pay compensation to the petitioners for the land taken over at the present market value.

2. Mr. Subba, learned appearing on behalf of the petitioners, submitted as follows. The petitioner no. 1 became the owner of about 1.82 acres of land as contained in plots that were conveyed by a deed of purchase dated 19.03.2007. By a deed of gift dated 06.10.2007, some portion was then conveyed to the petitioner nos. 2 and 3. All of a sudden the petitioners found that the Army authorities were digging up their land and doing construction work there with the help of cranes and machinery without any prior notice to or consent of the petitioners. The petitioners protested and the work stopped for the time being. The valuation of the said plot was purportedly Rs. 25 lakhs at that time. In view of the above, the petitioners prayed for