- (1.) Two appeals have been preferred against the judgement and order passed by a learned Single Judge on 7th February, 2017 in two writ petitions, being W.P. No. 1211 of 2000 and W.P. No. 3006 of 2000. The first appeal, being APO No.533 of 2017 (earlier APOT No. 176 of 2017), has been taken out by the West Bengal Sugar Industries Development Corporation Ltd. The said Corporation was the respondent no. 4 in W.P. No. 1211 of 2000 and the respondent no. 5 in W.P. No. 3006 of 2000. The other appeal, being APO No.562 of 2017(earlier APOT No. 224 of 2017), has been taken out by Land Acquisition Collector, the First Land Acquisition Collector, the State of West Bengal and the Joint Secretary and (Ex-Officio) of the Government of West Bengal against the same judgement and order dated 7th February, 2017. In W.P. No 1211 of 2000, the First Land Acquisition Collector, the State of West Bengal and the Joint Secretary to the Government of West Bengal were respondent nos. 1, 2 and 3 respectively. In W.P. No. 3006 of 2000 the Land Acquisition Collector, the First Land Acquisition Collector, the State of West Bengal and the Joint Secretary to the Government of West Bengal were the respondent nos. 1, 2, 3 and 4 respectively.
(2.) By the impugned judgement and order, both the writ petitions were allowed upon holding that the respondents State of West Bengal and the First Land Acquisition Collector are liable to pay damages and/or compensation for the wrongful occupation of an area of 1350 sq. ft. in the fifth (5th) floor of premises No.13, Nellie Sengupta Sarani, Kolkata 700087, jointly and severally from August 17, 1998 till the possession was handed over back to the writ petitioner. The learned Single Judge has further held that after the expiry of 25 years of requisition period, the writ petitioner is entitled to receive occupation charges for the period September, 1998 till possession is handed-over to the writ petitioner, which will be assessed by a Senior Civil Engineer (PWD) attached to the West Bengal Government and by a private Civil Engineer nominated by the writ petitioner within a certain time frame as specified in the impugned order. The further directions given by the learned Single Judge in the impugned judgement and order read as follows: "The parties are free to adduce their evidence, if any before the Engineers which will be considered by the said Engineers while determining the damages. On the basis of their findings, the respondent shall pay the occupational charges thus assessed to the petitioner. The parties shall bear the remuneration payable to the Engineers equally. The respondents are at liberty to initiate fresh acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013. However, this should not be construed as a direction of this Court. Accordingly, the writ petitions being W.P. No. 1211 of 2000 and W.P. No. 3006 of 2000 are allowed. The respondents are directed to handover peaceful vacant possession of the premises in question namely, portion of fifth floor of the premises No. 13, Nellie Sengupta Sarani, Kolkata 700 087 measuring about 1350 sq. ft. within three months from the date of communication of this order to the petitioner no. 1."
(3.) So far as the appeal, being APO No.533 of 2017 (earlier APOT No.176 of 2017) is concerned, it has been contended on behalf of the respondent/writ petitioner nos.1 and 2, namely, Punalur Paper Mills Limited and Kunal Dalmia, that the appellant has no locus standi to maintain the appeal, being merely the requiring body.;