- (1.) Special leave granted.
(2.) This appeal is directed against the judgment dated July 3, 1996 of the Division Bench of Calcutta High Court allowing the writ petition of the respondents and thus setting aside the judgment of the learned single Judge dated July 13, 1988 by which the writ petition was dismissed. The respondents, it would appear from the judgment of the learned single Judge, had challenged the requisition of land measuring 0.57 acres falling in plot Nos. 1787 and 1788 Mouza Monoharpur, P.S. Chanditala, District Hooghly, in the State of West Bengal by order dated May 9, 1984 of the Collector and Additional District Magistrate, Hooghly passed under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (for short 'the Act').
(3.) Section 3 of the Act empowers the State Government or an authorised Collector of a District (an Additional District Magistrate or Land Acquisition Collector, Calcutta) to requisition any land for the objects mentioned therein and Section 4 authorises the State Government to acquire that land for those very objects. Under Section 5 public notice is to be issued by the Collector inviting claims for compensation after the publication of notice acquiring the land. As to how an order under sub-section (1) of Section 3 is to be served is provided under Rule 3 of the West Bengal Land (Requisition and Acquisition) Rules, 1948 (for short 'the Rules'). Sections 3, 4 and 5 of the Act are as under : "3. Power to requisition :- (1) If the State Government is of the opinion that it is necessary so to do for maintaining supplies and services essential to the life of the community (or for increasing employment opportunities for the people by establishing commercial estates and industrial estates in different areas) or for providing proper facilities for transport, communication, irrigation or drainage, or for the creation of better living conditions in rural or urban areas, not being an industrial or other areas excluded by the State Government by a notification in this behalf, by the construction or reconstruction of dwelling places in such areas (or for purposes connected therewith or incidental thereto), the State Government may, by order in writing, requisition any land and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning : Provided that no land used for purpose of religious worship or used by an educational or charitable institution shall be requisitioned under this section. (1A) A Collector of a district, (an Additional District Magistrate or the First Land Acquisition Collector, Calcutta), when authorised by the State Government in this behalf, may exercise within his jurisdiction the powers conferred by sub-section (1). (2) An order under sub-section (1) shall be served in the prescribed manner on the owner of the land and where the order relates to land in occupation (of an occupier, not being the owner of the land, also on such occupier). (3) If any person fails to comply with an order made under sub-section (1) the Collector or any person authorised by him in writing in this behalf shall execute the order in such manner as he considers expedient and may- (a) if he is a Magistrate, enforce the delivery of possession of the land in respect of which the order has been made to himself, or (b) if he is not a Magistrate, apply to a Magistrate or, in Calcutta as defined in clause (11) of Section 5 of the Calcutta Municipal Act, 1951, to the Commissioner of Police, and such Magistrate or Commissioner, as the case may be, shall enforce the delivery of possession of such land to him. 4. Acquisition of land- (1) Where any land has been requisitioned under Section 3, the State Government may use or deal with such land for any of the purposes referred to in sub-section (1) of Section 3 as may appear to it to be expedient. (1a) The State Government may acquire any land requisitoned under Section 3 by publishing a notice in the Official Gazette that such land is required for a public purpose referred to in sub-section (1) of Section 3. (2) Where a notice as aforesaid is published in the Official Gazette, the requisitioned land shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the (State) Government free from all incumbrances and the period of requisition of such land shall end. 5.Notice to persons interested- (1) After the publication of a notice under (sub-section (1a) of Section 4), the Collector shall cause public notice to be given at convenient places on or near the land (acquired), stating that the (State) Government has acquired the land, and that claims to compensation for all interests in such land may be made to him. (2) (Such public notice) shall state the particulars of the land so acquired, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests. The Collector may in case require such statement to be made in writing and signed by the party or his agent. (3) The Collector shall also serve notice in the manner prescribed on the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situate. (4) In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by registered post in a letter addressed to him at his last known residence, address or place of business. Rule 3 of the Rules reads as under : "3. Manner of Service of orders- An order under sub-section (1) of Section 3 shall be served on the owner of the land and where the order relates to land in occupation of an occupier not being the owner of the land, also on such occupier. (a) by delivering or tendering a copy thereof, endorsed either by the person authorised by the Act to make the order or by the Collector, to the person on whom the order is to be served or his agent, or (b) by fixing a copy thereof on the outer door of some conspicuous part of the house in which the person on whom the order is to be served ordinarily resides or carries on business or personally works for gain, or (c) by sending the same to the person on whom the order is to be served by registered post with acknowledgment due, or (d) by fixing a copy thereof in some conspicuous part of the land to which the order relates and also in some conspicuous place of the office of the Collector.";