IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

Appellate Side

Present: - Hon’ble Mr. Justice Subhendu Samanta.

IN THE MATTER OF WPA 11788 of 2020

Md. Sirajuddin @ Md. Sirajuddin & Ors

Vs.

The State of West Bengal & Ors.

For the Petitioners : Mr. Saptansu Basu, Adv.,

Mr. Rabindra Nath Mahato, Adv.,

Mr. Aritra Shankar Ray, Adv.,

For the respondent

No. 8 /KMDA : Mr. Satyajit Talukdar, Adv.,

Mr. Arindam Chatterjee, Adv.

For the State : Mr. Lalit Mohon Mahato, Adv.,

Mr.Kapil Guha Adv.

For the NHAI : Ms. Manika Roy, Adv.,

Ms. Ankita Chowdhury, Adv.,

Mr. Atanu Sur Adv.

Reserved on : 17.06.2025 Judgment on : 06.08.2025

Subhendu Samanta, J.

1. Petitioner No. 1 purchased 0.12 acres of land in RS Plot No. 1320 (LR Plot No. 1389), RS Khatian No. 190 (LR Khatian No. 352) under Mouja Unsani, Police Station Jogacha, District Howrah from

SK. Amanullah vide registered deed of sale dated 29.05.2015.

2. Petitioner No. 2 purchased 0.10 acres of land in RS Plot No. 1320 (LR Plot No. 1389), RS Khatian No. 190) (LR Khatian No. 3116 and 0.03 acres of land in RS Plot No. 1321 (LR Plot No. 1390) , RS Khatian No. 2164 (LR Khatian No. 3116) both under Mouja Unsani, within Police station Jogacha, Howrah from one S.K Mukshed Ali vide registered deed of sale dated 31.12.2016.

3. Petitioner No. 3 purchased 0.10 acres of land in RS Plot No. 1320 (LR Plot No. 1389), RS Khatian No. 190 (LR Khatian No. 3116) and 0.03 acres of land in RS Plot No. 1321 (LR plot No. 1390), RS Khatian No. 2164 (LR Khatian No. 3116) both the Mouja Unsani within Police Station Jogacha District Howrah from SK Mukshed Ali vide registered deed of sale dated 31.12.2016.

Before purchasing said plots petitioners have inspected the relevant record of rights where the names of the vendors were recorded as riot in respect of the said aforesaid properties. Petitioner after purchased of land applied before BL&LRO, Balli, Howrah for recording their names in records of rights, accordingly the concern record of right has been recorded and mutated in the name of the petition on the basis of such mouja the petitioner has paid taxes to the Government in respect of the aforesaid land to the Dept. concerned. Thereafter, the petitioner applied before the Howrah Municipal Corporation for mutation of the aforesaid land in the name of the petitioners. On the basis of such application Howrah Municipal Corporation has mutated the name of the petitioners in the concerned registrar. The petitioner has also paid tax in respect of the aforesaid land to the Howrah Municipal Corporation which has been duly received by the said Corporation.

4. It is the contention of the petitioner that in the first part of year 2017 when petitioner started construction of boundary wall over the aforesaid land. Police officials of Jogacha Police Station asked the petitioner not to make any construction upon those lands, as the aforesaid land being acquired by KMDA. Next day the KMDA has put board over the land of the petitioner disclosing that “the land belongs to KMDA,” on query the petitioner came to know that lands in RS Plot No. 1321 was fully acquired in favour of the KMDA for the purpose of Kona express way on August 26, 1987.

5. It is the contention of the petitioner that before purchased he has specifically enquired the concerned record of right in respect of the lands in question. Where the names of the vendors were recorded as riot. No portion of the land in question was acquire by the Government of West Bengal. He also enquired from the vendors who stated that the vendors or their predecessor never paid any compensation amount for alleged acquisition of land in question. However, against the illegal action of the Police Authority, petitioner approached this court through writ petition being WP No. 3103 (W) of 2017, in the said litigation, according to the direction of a Co-ordinate Bench, KMDA has placed an affidavit- in- opposition wherein it has been disclosed that the land acquisition proceeding being LA-18/16 (Act II) of 1975-