Debasish Kar Gupta , J. - (1.) This first writ application amongst the aforesaid two writ applications bearing W.P.L.R.T. No.51 of 2006 is directed against an order dated August 11, 2005 passed by the West Bengal Land Reforms and Tenancy Tribunal in the original application bearing O.A. No.2446 of 2004. The subject matter of challenge in the above original application was inaction on the part of the Additional District Magistrate and District Land and Land Reforms Officers, Howrah in the matter of allowing mutation in the L.R. Record-of-Right in favour of the petitioner/company in respect of the property in question on the basis of its application dated September 4, 2003. The above application was dismissed by virtue of the impugned judgment.
(2.) The writ application bearing W.P.L.R.T. No.706 of 2007 is directed against an order dated May 18, 2007 passed by the West Bengal Land Reforms and Tenancy Tribunal in the original application bearing O.A. No.212 of 2006 (LRTT). The subject matter of challenge in the above original application was a notice dated September 27, 2005 issued by the Joint Secretary to the Government of West Bengal, Land and Land Reforms Department, L.R. Branch seeking to resume 20.02 acres of land comprised in the factory lying and situated at Mouza-Sahanpur, J.L. No.02, Police StationJagacha, District-Howrah, seeking to resume the land as surplus to the requirement of the Company as also asking the petitioners to file written objection. The above original application was also dismissed. Considering the subject matters involved and also the prayers made on behalf of the parties to these proceedings, both the writ applications have been taken up for analogous hearing.
(3.) The facts which were considered to be relevant by the learned Tribunal where as under in a nutshell:- The India Machinery Company Limited was the owner of the buildings, shades and structures and vacant land appertaining thereto spread over several holdings lying and situated at the land in question. The above company was in possession of the land in question at the point of time when Estates Acquisition Act, 1953 (hereinafter referred to as the said Act, 1953) came into force. The land held by the company was allowed to be retained without initiation of any proceeding under Section 6 of the said Act, 1953.;