- (1.) By this application under Art.226 of the Constitution the legality and validity of the acquisition proceedings - initiated in respect of No. 98, Bechulal Road, Calcutta - 14 has been challenged by the petitioner Satyam Co-operative Housing Society Ltd. The challenge in subsistence is that there has been undue and unexplained delay on the part of the Calcutta Improvement Trust the respondent No. 1 and also Land Acquisition Collector the respondent No. 4 in proceeding with the acquisition proceedings.
(2.) The petitioner No. 1 is a Co-operative Society (hereinafter referred to as the Society) registered under West Bengal Co-operative Societies Act, 1973 and consist of about 85 members belonging to the low and middle income group, who do not own any residential accommodation in the town of Calcutta. The petitioner No. 2 is a member of the said society. The society was formed for the purpose of providing residential accommodation to its members by constructing building at premises No. 9B, Bechulal Road, Calcutta (hereinafter referred to as the said premises).
(3.) The said premises was initially a part of the premises No. 9, Bechulal Road, Calcutta which belonged to Lahas. The said Lahas had, inter alia, mortgaged the said premises in favour of Bengal Central Bank Ltd. which was subsequently renamed as United Bank of India Ltd. As the said Lahas failed to perform and observe the terms and conditions of the said mortgage the United Bank of India filed a mortgage suit against the Lahas in regard to the said premises No. 98, Bechulal Road, Calcutta. Such mortgage suit was filed in or about 1953.;