- (1.) These appeals by special leave are directed against the common judgment and order dated 6.10.2005 of the Calcutta High Court, whereby Division Bench of the High Court allowed the writ petitions preferred by the respondents herein against the decision of the West Bengal Land Reforms and Tenancy Tribunal (in short, 'the Tribunal') dismissing their original applications moved against the respective order passed by the Government of West Bengal resuming the lands held by them.
(2.) By the impugned judgment, the High Court has disposed of three writ petitions primarily observing that although the facts are different there are certain communions of identity within the question to be answered and certain common principles of law are involved in the writ petitions.
(3.) In the matter of Calcutta Mineral Supply Co. Pvt. Ltd. (being Civil Appeal No.2548 of 2006), the respondent-writ petitioner held the land measuring about 4.54 acres comprised in a factory or mill together with structures even before the West Bengal Estates Acquisition Act, 1953 (in short, 'WBEA Act') came into force. Factual matrix of this case is that as a result of notification under Section 4 and effects thereof under Section 5 of the WBEA Act all the land comprised in factory vested in the State. However, by reason of Section 6(1)(g) read with Section 6(3) of that Act, the Company was allowed to retain all the lands comprised in factory as the State Government was of the opinion that the Company required all the lands for the purpose of the factory.;