Satyabrata Sinha, J. - (1.) The first petitioner- a company incorporated under the Indian Companies Act runs a hotel in the new township of Digha and for that purpose, it was allotted a land in the year 1983. The said'hotel is a luxury hotel, facing the sea. Infront of the said hotel, there is a vacant plot measuring 98' x 70' and the same was a subject matter of Beautification Scheme undertaken by the Government of West Bengal. As the said land was a low lying area it became a pool of stagnant water. The petitioner was given permission to beautify the entire area by a Memo dated 23rd May, 1990 on the condition that the petitioner may use the said land temporarily for creation of garden with barbed wire fencing provided that the land should be vacated on necessity of the Government.
(2.) The petitioner allegedly had spent a large sum of money for filling up of the earth and has been maintaining a garden therein. Before further development could be undertaken by a letter dated 28th May, 1990 the petitioner was directed not to make any garden and the temporary use for gardening was withdrawn. However, they were informed that the Government was being moved for consideration of beautification by creation of a garden. The petitioner asked the Administrator of the Digha Development Scheme to withdraw the said permission as they had incurred substantial expenditure for beautification of the said land. The matter according to the respondent is pending consideration before the Department of Planning. On 10th October, 1990 the petitioners were informed that the said land would be converted into a part instead of rickshaw stand and Kiosk as had been originally planned for. The petitioner was asked if they would agreed to accept the offer on the following terms : The cost of development of the land into a park and its maintenance thereafter would have to be home by the petitioners. (2) The Park should be kept open for visiting of all tourists and should not be used for any other purpose. (3) Such development of Park would not confer on anybody any claim over the land. (4) The land must be vacated on necessity of the Government in public interest".
(3.) The petitioner accepted the said offer by a letter dated 26th October, 1990. The government, however, was suffering from indecision as it became evident from a letter of the Administrator dated 28th March, 1991 in terms whereof the Divisional Forest Officer was asked to arrange preparation of plan and estimate for development of the vacant land in question. But no action was taken thereupon. However, in the meantime, a lot of correspondences were exchanged between the parties. According to the petitioner they had been making this offer of beautification of the lands in question due to constant water logging and consequential health hazard and hygienic problem which was adversely affecting the tourist trade and commercial interest of the petitioner. Administrator was also informed by the New Digha Hoteliers' Association to develop the plot but they were not permitted to do so. Later on Administrator approached the Branch Manager of State Bank of India for such development. According to the petitioner, in the meantime the Hotel of the petitioners was being damaged and deteriorated owing to stagnant water. On 18th June, 1992 the Administrator informed that the development was under active consideration. The petitioners have come to learn that the land in question is going to be settled in favour of the private respondent No. 4.;