D.P. Kundu, J. - (1.) In this writ proceeding the writ petitioner has prayed for a writ in the nature of mandamus commanding the respondents to offer Plot No. 14 of Scheme No. LXVI to the petitioner by way of a priority right at the rate of Rs. 36,500/- per cottah and the vacant possession thereof. The petitioner further prayed for a writ in the nature of mandamus commanding the respondents to forebear from taking any step or further steps, acting or further acting and/or from continuing to act on the basis of the order/decision dated 3rd September, 2001 of the Officer on Special Duty, Calcutta Metropolitan Development Authority as communicated by the letters of the Law Officer of the Calcutta Improvement Trust dated 5th September, 2001 and 11th September, 2001.
(2.) Admittedly property No. 19, Chatawalla Gulleee, Calcutta belonged to the writ petitioner. In or about the year 1955, the said property was acquired under the Land Acquisition Act, 1895 for the purpose of an improvement scheme, being Scheme No. LXVI of the Calcutta Improvement Trust (for short CIT). After the execution of the work under the aforesaid scheme and after opening out new roads and widening the existing roads the surplus land was made into several plots of land one of which is Plot No. 14. The said Plot No. 14 is the subject matter of the present writ proceeding.
(3.) CIT decided to sell the said Plot No. 14 in exercise of power conferred upon it by Section 81 of the Calcutta Improvement Act, 1911, (hereinafter, referred to as the said Act). The said Section 81 reads as follows : "81. Power to dispose of land. (1) The Board may retain, or may let on hire, lease, sell, exchange or otherwise dispose of, any land vested in or acquired by them under this Act. (2) Whenever the Board decide to lease or sell any land acquired by them under this Act from any person, they : (a) shall give notice by advertisement in local newspapers, and (b) shall offer to the said person, or heirs, executors or administrators, a prior right to take Ion lease or to purchase such land, at a rate to be fided by the Board, if the Board consider that such a right can be given without (prejudice to public interest or) detriment to the carrying out of the purposes of this Act. (3) If in any case two or more persons claim to exercise aright offered under clause (b) to take on lease or to purchase any land, the right shall be exercisable by the person who agrees to pay the highest sum for the land, not being less than the rate fixed by the Board under that clause, to the exclusion of the others. (4) Notwithstanding anything contained in sub-sections (2) and (3) or in any other provision of this Act when the Calcutta Metropolitan Development Authority constituted under the Calcutta Metropolitan Development Authority Act, 1972 (hereinafter referred to as the Authority), or the West Bengal Housing Board constituted under the West Bengal Housing Board Act, 1972 (hereinafter referred to as the Housing Board), requires any land vested in or acquired by the Board under this Act, for carrying out any of the purposes of the Act under which the Authority or the Housing Board, as the case may be, was constituted, the Authority or the Housing Board, as the case may be, may ask the Board to let on hire, lease, sell, exchange or otherwise dispose of such land to itself and the Board shall comply with such demand and forthwith transfer possession of such land in favour of the Authority or the Housing Board. (5) The amount of consideration at which any land shall be let on hire, leased, sold, exchanged or otherwise disposed of under sub-section (4) shall be such as may be agreed upon between the Authority or the Housing Board, as the case may be, and the Board and if they fail to reach an agreement with the parties or any of them shall refer the matter to the State Government and the decision of the State Government thereon shall be final". ;