MOUSHUMI BHATTACHARYA,J. - (1.) The writ petitioners are aggrieved by a notice directing demolition of a building which has been developed by the writ petitioners and 60 per cent. of which is presently in the control of the writ petitioners. Although the writ petitioners have sought leave for dispensing with the requirement of Rule 26 of the Writ Rules, some respondents were attempted to be served after leave was obtained from this court today morning.
(2.) Mr. Sudip Deb, learned counsel appearing for the writ petitioners, submits that on 28th May, 2018, he has been served with a copy of an affidavit-in-opposition filed by The Chairman and The Assistant General Manager, Railway Vikash Nigam Limited in WP No. 30359(W) of 2017 filed by one of the owners of the residential flats in the said building. Counsel points out that in the affidavit-in opposition which has been affirmed on 14th May, 2018, the said respondents have made categoric statements to the effect that in view of construction of the Metro Corridor, steps have been taken for acquisition of private land under Section 7 of The Metro Railways (Construction of Works) Act, 1978 (the Act, for short) including RS Dag Nos. 323, 326 and 327 in Mouza Mahisgote, which counsel states belong to the petitioners. Counsel further submits that although the said affidavit mentions that a notice has been issued under Section 7(1) of the Act and that a notification for acquisition of the specific Dag numbers was published in two newspapers on 9th June, 2013, no notice as mandated under the Act has been served upon the petitioners.
(3.) Counsel relies on Section 7 of the Act dealing with publication of notification for acquisition and further on Section 21(4) of the said Act which is set out below: "Where any notification has been issued under sub-section (1) directing the owner or the person having control over any building to demolish such building or to make additions or alterations to such building or to make additions or alterations to such building or to desist from making any development specified in such notification, a copy of the notification containing such direction shall be served on the owner of, or the person having control over, such building, as the case may be, - (i) by delivering or tendering it to such owner or person; or (ii) if it cannot be delivered or tendered, by delivering or tendering it to the agent of such owner or person or any adult male member of the family of such owner or person or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which such owner or person is known to have last resided or carried on business or personally worked for gain; or failing service by these means; (iii) by post.";