- (1.) THIS appeal has been preferred at the instance of the writ petitioners from the judgment and order passed by the learned single Judge whereby and whereunder the said learned Single Judge dismissed the writ petition on merits.
(2.) IT has been submitted on behalf of the appellants that the lands owned by them and their ancestors were acquired by the State of West Bengal for Durgapur Steel Plant. It has been specifically submitted on behalf of the appellants that the Durgapur Steel plant authorities could not utilise major portion of the aforesaid acquired lands and the said appellants are in possession of those unutilised lands. The writ petitioners have challenged the mode of utilisation of the excess lands by the requiring authority namely, durgapur Steel Plant.
(3.) PURSUANT to the acquisition proceedings initiated by the state Government at the behest of the Durgapur Steel Plant, several plots of lands had been acquired in the year 1957 and compensation had duly been paid to the concerned land losers. Undisputedly, a portion of the land so acquired at the behest of the Durgapur Steel Plant remained unutilised. Since then, the government of West Bengal had approached Durgapur Steel Plant for relinquishment of portions of unutilised land for development purposes, i. e. for construction of four lane National Highway as also for transfer of land in favour of Asansol Durgapur development Authority for carrying out other development activities as per its master plan. Subsequently, by office order dated 5th September, 1994 the Government of West Bengal accorded sanction for resumption of the portions of land unutilised by durgapur Steel Plant. Out of the portions of land so resumed by the Government of West Bengal, a part thereof was handed over to asansol Durgapur Development Authority for development purposes. Such resumption by the State Government and subsequent transfer of such resumed land to Asansol Durgapur Development Authority is the subject matter of challenge in the writ application filed on behalf of the appellants herein.;