A.Lala, J. - (1.) This writ petition has been made by the companies challenging the withdrawal, recall and/or rescind and cancellation of the declarations made and orders passed under the Urban Land (Ceiling and Regulation) Act, 1976 in respect of the premises No. 27, Raja Santosh Road, Calcutta-700 027. The petitioners have come to know about the proceedings at the time of taking possession of the property from such authority. Thereafter, this writ petition was filed taken the point that without service of notice and hearing to the petitioners, no order can be passed by the Urban Land Ceiling Authority.
(2.) Factually the petitioners-companies are the holders of the land as lessees for a period of 20 years and till this date they are in possession. The suit was instituted in the year 1984 in between the landlord and the petitioners which was taken off the file from the High Court at Calcutta. However, litigations were proceeded with even thereafter and pending in the appropriate Court having jurisdiction. Pursuant to the settlement rent of Rs. 10,000/- from the month of January, 1989 was enhanced. Long before that Calcutta Municipal Corporation sanctioned building plan of the construction to the petitioners as lessees and dwelling units were constructed thereon. Therefore, in effect, the petitioners are the holders of such land are entitled to notice as per the Urban Land (Ceiling and Regulation) Act, 1976.
(3.) Surprisingly, no notice was given. It is to be remembered that notice is required to be served for the purpose of preparation of the draft statement and upon hearing the objection, if any, to prepare a final statement and thereafter, acquire the property upon considering such land is vacant land in excess of the ceiling limit.;