- (1.) The cross objection being APO 104 of 2009 is treated as on day's list as it is not appearing in the list and the cross objector is present. THE appeal is being heard.
(2.) Both the appeal and the cross objection had been directed against the judgment and order dated 23rd March, 2009 passed by a learned Single Judge of this Court by which His Lordship had been pleased to dismiss the writ petition and also connected application. The connected application filed for payment of rent compensation was not dismissed but disposed of without specific order, by the learned Trial Judge. However, liberty was given to raise the question of rent compensation before the Rent Collector and/or in any other Forum in accordance with law. At the very outset we hold that dismissal of the application with regard to the payment of rent compensation is absolutely justified as the issue involved in the present writ petition is whether the Land Acquisition Collector pursuant to the order of the learned Single Judge of 1his Court had decided the objection raised in their letters dated 31st August, 1989 and 9th November, 1989 being Annexures B and C to the earlier writ petition. The facts for which the present appeal and the cross objection filed are briefly stated hereunder.
(3.) The petitioner is the owner of a building of premises No. 2, Garstin Place, Kolkata-1 which consists of six floors including ground floor. THE First Land Acquisition Collector requisitioned a part of the said premises, the description of which has fully been given in the writ petition. This requisition continued for a long time and hence the petitioner filed a writ petition in the year 1986 being Matter No. 2407 of 1986 questioning continuation of the requisition. THE said writ petition was disposed of by the learned Single Judge of this Court by a judgment and order dated 28th July, 1988 and thereby His Lordship was pleased to pass the following order:- "Since it was a public purpose and as it appears that the respondents are required to keep the office there for a public purpose it would not be proper to declare that the said order of requisition passed long back was void and illegal. Accordingly in the circumstances of the case after hearing the learned Counsel on either side I feel that the foltowing would be proper order to be made in the instant case ; (1) That the orders of requisition in respect of 1253 sq.ft. on the northern portion of the first floor, 1047 sq.ft. on the northern portion of the third floor and 1370 sq.ft. on the southern portion of the third floor of the said premises No. 2, Garstin Place, Calcutta upheld but the continuance of the requisition of the premises in question is permitted subject to the condition mentioned hereinafter. (2) THE respondents are directed to take steps to acquire the said portion of the premises in question under the provisions of the Land Acquisition Act, 1894 within a period of one year from today, if the Government wants to continue the use of the premises for the purpose for which it was requisitioned. If however, the Government decides not to acquire the said portion of the said premises under the Land Acquisition Act, the Government shall hand over to the owner the possession of the said premises in question and that the order of requisition shall stand cancelled and set aside after a lapse of one year from today." In this order the First Land Acquisition Collector was asked to decide the question who was entitled to get rent compensation as a whole or a part thereof upon hearing the parties and upon being satisfied about the right tide and interest of the petitioner and the respondent No. 4 and that after such determination the Special Officer appointed by this Court shall hand over the amount already collected by him pursuant to the order of the Court to the persons who would be determined as entitled to get such rent compensation. Such determination has to be made by the First Land Acquisition Collector within four months from today and that further sums, if any, are payable by the respondents to such persons the same shall also be paid by the respondents. The Special Officer shall be entitled to remuneration for a sum of Rs. 5,000/-. The Special Officer will pay his clerk's remuneration assessed at Rs. 1,000/- only.;