- (1.) These two appeals were heard analogously, as in both these appeals, the selfsame order passed by the learned Single Judge is the subject-matter.
(2.) These two Mandamus-Appeals are preferred by third parties to the writapplication with a prayer for leave to prefer such appeals and are directed against order dated February 22, 2010, passed by a learned Single Judge of this Court by which His Lordship disposed of the writ-application by directing that within six weeks from the date of communication of the said order, the Refugee Relief & Rehabilitation Department, Government of West Bengal, should hand over vacant possession of the land in question to the Collector, Hooghly and the said Collector shall determine after hearing the authorized representative of the writpetitioner the rent-compensation payable for using the requisitioned land and pay the amount and deliver vacant possession of land to the writ-petitioners within a fortnight from the day, he received possession. Being dissatisfied, the appellants, who are third parties to the writapplication, have come up challenging the aforesaid decision.
(3.) The case made out by the writ-petitioners out of which these appeals arise, may be summed up thus: a) The writ-petitioners along with others are the owners by inheritance of the plots of land, which formed a part of 400 cottahs, more or less, about 6.5 acres of land which was requisitioned in the year 1941 under the Defence of India Act, 1939 read with Rule 79 of the said Act during the Second World War by the then British Government on the ground of Public Safety Order and efficient prosecution of War effort etc. b) By invoking power under the provisions of Defence of India Act, 1939 as also Rule 79 of Defence of India Rule, 1939, the then Collector of Hooghly requisitioned the land in question for the purpose of construction of Anti-Aircraft Gun Layout by the Military Department of the then Government of India in the year 1941-1942. c) By virtue of the said order, the land in question was placed at the disposal and under the control of the Military Estates Officer, Barrackpore, and in the said order of requisition, it was directed that the owner of the land would not without the written permission of the Collector, Hooghly, in anyway, dispose of the said land as long as the said order would remain in force. d) The aforesaid order of requisition automatically stood vacated after 15th August, 1947, but the Government of West Bengal and the Union of India decided to give temporary shelter and to rehabilitate Hindu destitute women who migrated from East Pakistan and with that view, set up Women's Home under the name of Bhadrakali Destitute Women's Home. e) In course of time, except 36 Hindu Women, the others left the said Women's Home as they were permanently rehabilitated elsewhere by the State Government, but in the meantime, as many 120/125 other families forcibly trespassed and occupied the said Women's Home without any resistance from the Superintendent of Refugee Rehabilitation Camp at the site. f) The Collector, Hooghly, in exercise of his power under Sub-section (1) of Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 in Requisition Case No. 1-14/90-91 issued notice dated 16th November, 1990, thereby requisitioned the said property and directed that possession would be taken on 28th November, 1990 at 12.00 noon for the purpose of creating better living condition by construction and re-construction of dwelling place for settlement of the Refugee Families at Bhadrakali, who had migrated from the erstwhile East Pakistan. g) It was, therefore, apparent that the British Government requisitioned the land in 1941 with the understanding that the requisition would be valid until six months after the end of war which came to an end in 1945 but kept the land under occupation until 1947 and, thereafter, the land remained under the possession of the respondents to give temporary shelter and rehabilitation to the destitute refugee women and decided to keep it in their possession until 1990 without any order of acquisition or requisition and finally in 1990 notice for fresh requisition was issued but no compensation either for requisition or for acquisition till date was given. h) One L.R. Case No. 1-14/90-91 was initiated under Act-II of 1948 for acquisition of 6.85 acres of land and the same was handed over to the Refugee Rehabilitation Department on 28th November, 1990. i) After the lapse of Act-II of 1948, the case has been converted to Land Acquisition Act-I of 1894 under the provision of Land Acquisition (West Bengal Amendment) Act, 1997. j) One Rita Dey and others filed a writ-petition being W.P. No. 79 (W) of 1999, thereby praying for direction upon the respondents to take step for payment of compensation including enhanced compensation in respect of the land of the writ-petitioners and to declare that the writ-petitioners were very much entitled to get compensation of the requisition land. k) In compliance with the said judgment and order dated 11th January, 1999, no action had been taken and the mater was brought to the notice of the Deputy Secretary, Refugee Relief and Rehabilitation Department with a prayer for release of the fund but no result came out. l) Subsequently, the writ-petitioners received from M/s. RDB Enterprises Pvt. Ltd., a developer authorized by some of them to deal with the Government to retrieve the land through negotiation. m) After promulgation of the 1997 amendment of the West Bengal Land (Requisition and Acquisition) Act, 1948, the respondents had no legal authority to continue to hold the land of the writ-petitioners and the respondents are required to de-requisition the plot of land and hand over vacant possession to the petitioners which were requisitioned under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948.;