D.Basu, J. - (1.) This petition under Article 226 is directed against notifications under Sections 4 and 6 of the West Bengal Land Development and Planning Act, 1948 (hereinafter referred to as "the West Bengal Act") issued against the petitioners' lands in C. S. plots 639-642 and 694 of Mouza Rahara. and proceedings subsequent thereto.
(2.) Admittedly, these lands were, on the 21st of May, 1944, requisitioned by the Land Acquisition Collector, Respondent No. 5 under Rule 75A of the Rules framed under the Defence of India Act. 1939 as per annexure A. for providing accommodation to Mill workers who were dislodged by military personnel. Petitioners' case is that after the termination of World War II, the purpose for which the lands had been requisitioned ceased and, at the request of the petitioners to release the lands for their own use for their Rubber Factory the Government of West Bengal, by its letters of the 1st August, 1949 and the 9th February 1950, stated that the question of derequisitioning these lands was being actively considered by the Government and that the land would be released as soon as an alternative site was available for the persons then occupying the lands (Anuexure B). It appears from later correspondence that squatters had in the meantime occupied these lands and by their letter of the 31st August, 1951, the Land and Land Revenue Department of the Government informed the petitioners that they had instructed the Collector to apply before the Competent Authority appointed under the Statute, enacted in 1951, for the eviction of unlawful occupants from the Government premises, and this proceeding does not appear to have been disposed of since then.
(3.) On the 28th November, 1957, curiously, the petitioners wore advised by the Collector, 24 Parganas that, "the Government of West Bengal is the proper authority to release the requisitioned property by evicting the refugees squatted thereon ...... Further development in this connection may he had from the Government". ;