- (1.) THIS appeal is directed against the judgment and order dated august 16, 1971 of Mr. Justice P. K. Banerjee discharging the Rule obtained by the appellants under Article 226 of the Constitution.
(2.) THE appellants are the members of respondent No. 4, Krisbnapur Refugee Co-operative Colony Limited, hereinafter, referred to as the Society. On December 21, 1951 the Society entered into an arrangement in writing with respondent No. 5. The State of west Bengal, to execute a scheme, under the provisions of The West bengal Land Development and Planning Act, 1948, for developing the scheme-lands and to sell those lands indifferent allotments to the individual allottee's as freehold at a price to be fixed with the approval of. Respondent no. 5 who undertook to take over possession of the scheme-lands to the society before the execution of necessary deeds and to execute those deeds for effectually vesting those lands in the Society. The said lands are situate within the municipal limits of the South dum Dum Municipality, hereinafter referred to as the Municipality.
(3.) ON December 22, 1951, the respondent No. 5 made a declaration in relation to those lands under section 6 of the aforesaid Act and, after notifying the said lands under Section 4 of the said Act, made over possession of those lands, to the Society. The above declaration under section 6 of the said Act having been held to be unlawful by this Court the respondent No. 5 issued a fresh declaration which is still under challenge in a different proceeding in this Court.;