SAMAPTI CHATTERJEE,J. - (1.) In this present writ petition following issues are to be determined :- (i) Whether the petitioners have right to file the writ petition before this Hon'ble Court against the impugned order or the petitioners remedy is to approach before the Land and Land Tenancy Tribunal? (ii) Whether the State Authority without following due process of law can takeover petitioners' lease hold land measuring of 185.08 acres out of the total lease hold land in the tea garden ? (iii) Whether pursuant to the order issued under Section 6 (3) of the West Bengal Estate Acquisition Act, 1953 perpetual lease under Form-I (Schedule-F) granted in favour of the Tea Estate, the renewal thereof is at the option of the lessee and the lessee have the same right as owner of the property to get the lease hold land renewed ? (iv) Whether the petitioners have any right to enjoy compensation for the acquisition of any portion of such tea garden land at the instance of Government Authorities without offering compensation with effect to the petitioner (v) Whether the District Magistrate by the impugned order dated 6th August, 2013 could refuse to consider the claim of the petitioners for demarcations of the tea garden land covered by the lease and for permitting them to use the said land as the State Government is regularly collecting rent from the petitioners for such portion of the land not used by the petitioner but used by other Government Authorities ?
(2.) The petitioners' case in a nutshell is as follows :- On 2nd December, 1963 by an order of the competent authority under Section 6(3) of the West Bengal Estate Acquisition Act, 1953 M/s. Great Gopalpur Tea Company Private Limited was allowed to retain 1029.78 acres of tea garden land. Subsequently vide order dated 10th December, 1963 under Section 6 (3) of the Estate Acquisition Act, 1953 the said tea estate was allowed to retain 505.12 acres of tea garden land. Sometime in the year 1972 the United Bank of India as a creditor of the said tea company filed a Title Suit before the Hon'ble High Court Calcutta claiming inter alia for creation of equitable mortgage of the tea estate previously known as Rupali Tea Estate in their favour. On 20th December, 1974 the State Government initially resumed 77.20 acres of land while using the retention orders. But subsequently vide Memo No.24422-L.REF/IL-64/60 the State Government further resumed 52.71 acres of land out of 1029.78 acres thereby the said tea estate was allowed to retain 977.07 acres in Hai Hai Pathar-II and Hai Hai Pathar-III, over and above the said 50.12 acres as was permitted to be retained by the said tea estate by the order dated 10th December, 1963. Pursuant to the orders passed in the said suit on 26th March, 1976 the Government of West Bengal executed two formal lease deeds in Form-I (Schedule-F) in favour of the United Bank of India as mortgagee to M/s Great Gopalpur Tea Company Private Limited for the said two tea garden land of 505.12 acres and 977.07 acres effective from 24th February, 1967 and 20th February, 1967 respectively. Further by a registered indenture dated 14th October, 1977 the said M/s Great Gopalpur Tea Company Pvt. Ltd with the consent of United Bank of India transferred the said Rupali Tea Estates along with all its assets and liabilities to M/s Kamini Tea Company Private Ltd. On 18th April, 1979 the said M/s Kamini Tea Company Private Limited by a registered indenture sold and transferred all the lands, buildings including plantation garden and factories of the said Rupali Tea Estate comprising of the said 505.12 acres and 977.07 acres including their lease hold interest in favour of the petitioner no.1 along with the liabilities of United Bank of India. As a result thereof on 10th June, 1981 the name of the petitioner no.1 was incorporated in the land revenue record in respect of the said tea garden land. On 25th May, 2001 by a order the Collector Jalpaiguri found that there was a delay of 1099 days in applying for the renewal by the petitioner no.1. Therefore, the petitioner no.1 was directed to pay penalty of Rs. 200/- for each day's delay amounting to a sum of Rs. 2,19, 800/- . On 15th June, 2001 the United Bank of India filed a memorandum of complete satisfaction of the charge with the registrar of companies West Bengal upon settlement of their dues and payment of Rs. 1.5 crores by the petitioner no.1. In the year 2001 the petitioner no.1 duly applied for the renewal of lease/leases in respect of the said Tea Garden land of 505.12 acres and 977.07 acres. Those applications were duly accepted on deposit of fine by the petitioner no.1. Since renewal were not granted therefore, the petitioner without finding any alternative approached before this Hon'ble Court by filing a writ petition being W.P. No.15277 (W) of 2003. The said writ petition wad disposed of on 7th August, 2009 by this Hon'ble Court thereby directing the respondent no.2 and 5 to dispose of the the representation of the petitioners dated 21st October, 2002 within eight weeks from the date of communication of the order after affording an opportunity of hearing to the petitioner no.1. On 15th February, 2012 the District Magistrate and the Collector Jalpaiguri held a personal hearing of the petitioner and it was observed by the District Magistrate that the Block Land and Land Reforms Officer Malbazar Sub-Division District-Jalapiguri shall conduct a survey on an urgent basis by employing extra hands along with the management of the Raja Tea Estate to earmark the boundary of the leasehold land measuring about 1,412.19 acres for which the land rent and all related cesses are being regularly paid by the tea estate. On 22nd February, 2012 pursuant to the said direction of the District Magistrate the Block Land and Land Reforms Officer Malbazar District-Jalpaiguri informed the petitioner company that the survey would be held on 5th March, 2012. Therefore, the petitioner and all parties were directed to be present there. Since the reconnaissance survey was not held as per the schedule date by the respondent authorities therefore, on 12th April, 2012 the petitioners made a representation to the Block Land and Land Reforms Officer, Malbazar. The petitioners also made representation before the District Magistrate ventilating grievances on 19th May, 2012. Thereafter the Block Land and Land Reforms Officer on 14th January, 2013 informed the petitioners that the survey would resume from 21st January, 2013. Again as no survey had resumed in the presence of the representative of the petitioner company on 21st January, 2013, therefore, the petitioner company lodged complaint before the BL & LRO on 22nd February, 2013. On 22nd February, 2013 the Manager of the Tea Estage was surprised to receive a communication from the BL & LRO intimating that survey/field work is already complete. On 25th march, 203 the petitioner company filed an objection to the BL & LRO stating, interalia, that no reconnaissance survey was done or completed by the Block Land and Land Reforms Officer. In the said letter the petitioner company also prayed for a personal hearing. Again on 13th May, 2013 the petitioner made further representation to the District Magistrate thereby pointing out the encroachment of their land by the Mal Tourist Lodge upon construction of a new boundary wall on the northern side of the petitioner's land. Vide order dated 25th June, 2013 passed in the writ petition no.15924 (W) of 2013 the Hon'ble Court for determination of the compensation against the initial requisition by the defence and subsequently subject to acquisition of the land measuring about 51.61 acres and 28.09 acres were under RAIP Case No.12/86-87 and Case No.21/86-87 under the provisions of Requisitions and Acquisitions of Immovable Properties Act, 1952 referred the matter to the arbitration. On 31st July, 2013 the District Magistrate vide his notice under Memo No.187 (5) /TZ asked one of the directors of the petitioner company to appear before him on 12th August, 2013 along with all documents pursuant to the order dated 25th June, 2013 passed by this Hon'ble Court. On 12th August, 2013 the representative of the petitioner company duly appeared before the District Magistrate, Jalpaiguri and found that representatives of the State Government and North Frontier Railway were also present. Since the BL & LRO failed to submit relevant documents therefore the District Magistrate fixed the matter on 20th August, 2013 thereby directing the BL & LRO to submit a complete survey report with map. Again on 6th September, 2013 further meeting was held and it appeared from the record that an alleged survey report was received from BL & LRO Mal by the District Magistrate and the District Magistrate on the basis of such survey report passed his order. Ultimately on 24th April, 2014 the petitioner no.1 finally made a representation before the Land Reforms Commissioner and Additional Chief Secretary Government of West Bengal along with all relevant documents but to no effect. Hence the present writ petition.
(3.) Mr. Pranab Kumar Datta, learned senior counsel appearing for the respondent authority took the point of jurisdiction. He contended that the impugned order was passed under West Bengal Estate Acquisition Act, 1953, therefore, petitioners have to assail the said order before the Land Tenancy Tribunal Act, 1997.;