S.B.Sinha, J. - (1.) -The appellants being aggrieved by the dismissal of their writ application in liming had preferred this appeal.
(2.) The appellant No.1 is said to be an Association of small traders and businessmen having their place of business in and around Salkia area of Howrah town. The appellants and the other members of the appellant No.1 who are said to be 200 in number had their shop rooms situated at Grand Trunk Road (North) in Salkia Chowrasta. A Project of the Howrah Municipal Corporation regarding construction of a fly-over near the Salkia Chowrasta was mooted in the year 1990 wherefore public opinion was also obtained. The petitioners having come to learn that in view of the construction of a fly-over their shop-rooms would be demolished, made a representation before the Mayor, Howrah Municipal Corporation but before the dispute raised by the appellants, a tender notification appeared in various Newspapers for a tender of work in connection with the construction of the said fly-over. The appellants thereafter came to learn that only honest businessmen would be provided with alternative accommodation and, thus, became apprehensive that they would be evicted from their place of business.
(3.) A writ petition was filed by the appellants in this Court which was marked as C.O. No. 14861(W) of 1990 and out of mutual settlement an agreement was entered into on 12.2.1991 which is in the following terms: - "That during pendency of the instant writ proceedings, the parties to the same namely, the writ petitioners, the Howrah Municipal Corporation and Howrah Improvement Trust have agreed to settle the dispute of the instant writ proceedings amicably and also agreed on the terms, as stated below: - (i) The respondents/authorities will rehabilitate all the persons who will be affected or displaced for the purpose of the Scheme by allotting shops/place of business/residential place. (ii)No shop-keepers, trader, or any other person will be asked to vacate his shop/place or business/residence or no building will be demolished unless alternative accommodation is given to him. (iii) The shopkeepers and traders will be paid compensation for the loss of their business/trade, which they will suffer for the construction of the fly over as per provision of Land Acquisition Act. The proceeding for compensation be completed at the earliest, preferably within six months' from date. (iv) The rents to be charged from the shopkeepers traders and other persons for the new accommodation will be as per rate to be fixed by the land acquisition collector. (v)The authorities will not charge any betterment fees or premium from the shop keepers/traders/other persons who are tenants. They will be rehabilitated in new accommodations provided they agree to the offer of the authority.";