- (1.) These two writ applications have been heard together, as the cause of action for both these matters arise out of the same set of facts, and the decision Io one will also govern the other.
(2.) Shorn of details, the writ petitioners in both the applications claim to be carrying on business at the following premises:- 1. 6 Gariahat Road (South) Calcutta-700 031, 2. 37/1 A, Station Road, Calcutta-700 031, 3. 39, Station Road, Calcutta-700 031, 4. 40, Station Road,Calcutta-700 031, 5. 41, Station Road, Calcutta-700 031, 6. 43, Station Road, Calcutta-700 031. On or about 3rd May, 1988, the petitioners were Served with notices issued by the Chairman, Board of Trustees for the Improvement of Calcutta, under Section 45 of Bengal Act V of 1911, amended by Bengal Act VIII of 1931 and West Bengal Act XXXII of 1955. The contents of the said notice are as follows:- "Take notice that the Board of Trustees for the Improvement of Calcutta propose to acquire the land comprised in premises No,6 (part) Dhakuria Station Road in Constituency No 92 for the purpose of carrying out Street Improvement Scheme 101 (supply) widening of Dhakuria Station Road between the scheme 101 and LXXII. If you desire to object to the acquisition of the said land yen are required, under Section 45 of Bengal Act V of 1911, as amended by Bengal Act VIII of 1931 and West Bengal Act XXXII of 1955, to slate your reasons In writing within sixty days from the dale of service of Ibis notice."
(3.) According to the petitioners prior to the service of the aforesaid notice, another notice dated 22nd April, 1986, issued by the Land Acquisition collector, Calcutta, had been served upon them, informing them that a portion of the premises where the petitioners' shops ware located, would be taken over in connection with General Improvement Scheme No 101 of the Calcutta Improvement Trust for widening of Dhakuria Station Road, and the petitioners were directed to put in their claims for compensation. The petitioners also came to learn that L. A. Case No. 101-14 of 1968 had been initiated for acquisition of the said premises. However, in view of the provisions of Section 11A of the Laid Acquisition (Amendment) Act, 1954, the said scheme lapsed after 23rd September, 1986.;