Calcutta High Court (Appellete Side)
Enayet Ali Molla & Ors vs The State Of West Bengal & Ors on 8 August, 2023
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
08.08.2023
Sl. No.06.
Mithun
Ct.No.42.
WPA 19047 of 2023
Enayet Ali Molla & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Partha Pratim Roy,
...for the petitioners.
Mr. Jishnu Chowdhury,
Mr. Sarvapriya Mukherjee,
Mr. Chayan Gupta,
Mr. Sandip Dasgupta,
Mr. Saaquib Siddiqui
...for respondent Nos.3, 8 & 4.
Mr. Santanu Kumar Mitra Mr. Amartya Pal ...for the State.
It is the case of the petitioners that the predecessor-in-interest of the petitioners became the owners of 57.5 decimal of land in CS Plot No.1346 corresponding to RS Plot No.1358/1445 by purchase long before acquisition of any land at Rajarhat, New Town Satellite Project. They made an application before the jurisdictional Block Land and Land Reforms Officer to mutate their names in respect of the said plot of land. However, the application was not adhered to. They made an application before the West Bengal Land Reforms and Tenancy Tribunal (WBLRTT) by filing O.A. Case No,1908 of 2022. The WBLRTT disposed of the 2 said application directing the BL & LRO to dispose of the application within six months.
It is the further case of the petitioners that suddenly on 22nd May, 2023, the West Bengal Housing Infrastructure Development Corporation Limited (WBHIDCO) wrote a letter directly to the DL & LRO, North 24-Parganas stating, inter alia, that CS Plot No.1346 which was renumbered as 1358/1445 comprised of 2 acre of land. Out of the said land, 0.77 acres of land were acquired by the HIDCO and remaining land "was reportedly acquired much earlier during 1953-54 by West Bengal Irrigation Department. After taking over possession, Bagjola Canal was excavated by West Bengal Irrigation Department and that Bagjola Canal is existing." In other words, after construction of Bagjola Canal, only .77 decimal of land was left out and it was acquired by WBHIDCO. This purported acquisition is under challenge by the petitioners on the ground that in the year 2015, in response to the Memo No.HIDCO/Admn.2733/2014 dated 16.04.2015, the Executive Engineer, Metropolitan Drainage Division No.1 informed HIDCO that as per the records available with this office, the land, i.e. CS Plot No.1346 of Mouza Chak Pachuria, J.L. No.33, P.S. Rajarhat has not been acquired in the Metropolitan Drainage Division No.1. The petitioners have raised the 3 question that in view of such letter, it is practically admitted by the Irrigation and Waterways Department that no portion of land in CS Plot No.1346 which was renumbered as 1358/1445 is left to be acquired by the HIDCO and/ or West Bengal Irrigation and Waterways Department.
The learned Advocate for the HIDCO has appeared and has raised preliminary issue with regard to maintainability of this writ petition on the ground that the proceeding pending in the office of the DL & LRO of which HIDCO has received a notice under Section 57 of the WBLR Act is a proceeding under the West Bengal Land Reforms Act and against such proceeding, no writ petition shall lie before this Court. This Court admits the submission on the point of maintainability made by Mr. Chowdhury, learned Advocate for HIDCO. However, this Court under Group-I is entitled to look into the question as to whether the property in question is acquired or not and, if so, under what provision of law acquisition has been made, whether acquisition was made following the directions of the provision of the relevant statue or not.
It is also contended by Mr. Chowdhury that no such prayer has been made by the petitioners in the instant writ petition.
4
On perusal of the prayers, it is ascertained that the petitioners have prayed for issuance of a writ of mandamus restraining the respondents from encroaching upon the land of the petitioners.
Question of taking over possession of the land by the Government Department may only arise on lawful and successful acquisition. This Court limits its judicial enquiry on this issue on the basis of the prayer A made by the petitioners.
It is submitted by Mr. Chowdhury that the instant writ petition may be fixed tomorrow so that he may get necessary instruction from WBHIDCO.
The writ petition be listed for further hearing as a 'Part-Heard' matter on 9th August, 2023.
(Bibek Chaudhuri, J.)