Calcutta High Court (Appellete Side)
Samarendra Nath Ghosh & Ors vs State Of W. B. & Ors on 7 June, 2010
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
010 WP 9567 (W) of 2002
Samarendra Nath Ghosh & Ors. vs. State of W. B. & Ors.
Mr. Debayan Bera
Mr. Bidhut Roy ..For the petitioners.
Mr. Tarun Roy
Mr. S. Banerjee
Mrs. Soma Roy Chowdhury ..For the PWD.
This writ application is filed by the petitioners for releasing the immovable property lying
and situated at premises no. 1, Buro Shibtala Main Road, P.S. Behala, Calcutta - 700 074 to the
owners.
It is submitted on behalf of the respondent no. 4, Public Works Department, Government of
West Bengal that the possession of the above immovable property has been taken for the purpose of use and occupation by the Public Works Department, Government of West Bengal under the provisions of West Bengal Premises (Requisition and Control) Temporary Provisions Act, 1947 by virtue of an order dated December 28, 1973. It is further submitted on behalf of the respondent no. 4 that a considerable amount of money has already been invested for development of the immovable property under reference for use and occupation by the Public Works Department. It is also submitted that the Public Works Department, Government of West Bengal is ready and willing to pay rent compensation in respect of the above immovable property in accordance with law.
It is submitted by the learned advocate appearing on behalf of the petitioners that the petitioners have no objection to accept the proposal of the respondent no. 4.
Having heard the learned counsel appearing for the parties and after considering the facts and circumstances of this case, I dispose of this writ application with the consent of the parties present before this Court with the following directions:
(i) The respondent no. 3 is directed to assess the rent compensation in respect of the immovable property under reference in accordance with law for the period from December 28, 1973 after giving opportunity of hearing to the representative of the petitioners and the interested parties as also that of Public Works Department, Government of West Bengal by passing a reasoned order within August 31, 2 2010. The Public Works Department, Government of West Bengal is also directed to pay the rent compensation to the owners of the property under reference within September 30, 2010.
(ii) The Public Works Department, Government of West Bengal is directed to take a decision with regard to continuing with possession of the immovable property under reference in accordance with law.
(iii) In the event, a decision is taken for acquisition of the aforesaid land, steps are to be initiated under the provisions of Land Acquisition Act, 1894 within October 31, 2010.
(iv) In the event, no step is taken by the Public Works Department, Government of West Bengal for acquisition of the immovable property under reference in terms of the aforesaid directions, the possession of the above property must be handed over to the owners within November 30, 2010.
There will be, however, no order as to costs.
Urgent photostate certified copy of this order be given to the parties, if applied for.
(Debasish Kar Gupta, J.)