Claims for rental compensation arising from authorized occupation must be adjudicated under the Land Acquisition Act, not as independent civil claims.

JUDGMENT : 

Sugato Majumdar, J.:

The instant suit was filed by the Plaintiffs praying for a decree for a sum of Rs.9,30,97,394/- on account of damages for unauthorized occupation, mandatory injunction along with other reliefs.

Plaint Case:

The plaint case may be summarized as follow:

The Plaintiffs were the owners of a piece and parcel of the property located at premises no. 4, Pretoria Street, Kolkata – 700071 containing two storied buildings, outhouses and garden land, stretching over an area of 38 cottah of land. The brick built structure along with adjoining land situated on the western part of the entire land admeasured about 15 cottah 5 chittacks 14 sq. ft. The rest of the land measuring about 22 cottah was garden area, located in the eastern part of the premises.

The premises in its entirety was requisitioned under the Defence of India Act/Rules and was again requisitioned under the West Bengal Premises Requisition & Control (Temporary) Provisions Act, 1947.

In terms of an Order dated 17/09/1985 passed in Matter No.872 of 1984 this Court held that no public purpose would be served for requisition of the garden land measuring about 22 cottah 10 chittacks 31 sq. ft. and directed the State to deliver up possession of that part to the Plaintiffs. So far as the rest of the land appertaining to the residential building was concerned it was held that requisition could not continue for indefinite period of time and the order of requisition would stand quashed after six months if proceedings had not been initiated under the Land Acquisition Act, 1894. But the Government did not initiate proceeding within the stipulated period.

On 14/10/1985, order of derequisition of the garden land measuring about 22 cottah 10 chittacks 31 sq. ft. was issued by the Competent Authority, but did not deliver of possession on 16/10/1985. Order of derequisition of the structural part of the premises situated on the western part was issued by the Competent Authority and the Plaintiffs were directed to take possession thereof along with the garden part on 02/08/1986. But possession was not delivered.

On 31/05/1986, the Defendant no. 3 being the First Land Acquisition Collector, Kolkata issued on order for requisition and acquisition of the entire land under West Bengal Land (Requisition & Acquisition) Act, 1948. The order passed by the Defendant no. 3 was quashed by this Court in terms of the order dated 16/07/1987 in C.O. No. 8407(w) of 1987. Appeal was preferred against the order in the Division Bench of this Court being Appeal No.2224 of 1987 where the Division Bench annulled acquisition of garden part of land measuring about 22 cottah 10 chittacks 31 sq. ft. and allowed the Defendant no. 1 to go for acquisition of the structural part and 15 ft. of the land from the building part. A special leave petition was filed before the Supreme Court of India which was dismissed.

On 02/05/1991, the Defendant delivered up vacant possession of the area of the premises measuring about 22 cottah 10 chittacks 31 sq. ft. land situated in the eastern portion of the premises no. 4, Pretoria Street, Kolkata – 700071. The Plaintiffs thereafter separated the western part of the premises measuring about 15 cottah 5 chittacks 14 sq. ft. by constructing boundary wall. The Defendants no. 1 & 2 retained possession of the western part of the premises comprising of structural part as aforesaid. The Defendants did not initiate any proceeding for acquisition of this structured part within nearby time but retained possession thereof. The Plaintiff received rent compensation under West Bengal Act No. V of 1947 for a period ending on 31/05/1986. For subsequent period, no compensation was paid.

Process of acquisition of the western portion of the premises was initiated by a notice dated 13/12/1994 under  Section 4 of the Land Acquisition Act, 1894 . This was followed by notices under Section 6 of the Act dated 23/06/1995 and notice dated 15/07/2003 under Section 9 as well as notice dated 06