- (1.) This appeal is directed against the judgment and decree dated 22nd August, 1978 by a Learned Single Judge of this Court dismissing the suit brought by the appellant claiming a right of pre-emption.
(2.) Property No. 19, Chatawalla Gullee Calcutta, belonged to the appellant. In or about the year 1955, the said property was acquired under the Land Acquisition Act, 1895 for the purpose of an improvement scheme, being scheme No. LXVI, of the Calcutta Improvement Trust. After the execution of the work under the aforesaid scheme and after opening out new roads and widening the existing roads, the surplus land was made into several plots of land one of which is plot No. 14. The said plot was decided to be sold by the Calcutta Improvement Trust, respondent No. 1 by virtue of the powers conferred by Section 81 of the Calcutta Improvement Act, 1911 (hereinafter referred to as the Act). The land was not offered to the appellant in recognition of the preferential right contemplated Under Section 81 (2) (b) of the Act and was, on the other hand, agreed to be sold to the Employees' State Insurance Corporation Calcutta respondent No. 2. On 26th December 1961, the chief valuer of the Calcutta Improvement Trust submitted a report to the Chairman of the Trust that although plot No. 14 might be offered for sale, the prospective purchaser should be warned that the delay might occur in the completion of the sale transaction due to some work being done on the Eastern side of the plot and that the Land Committee might consider that several public and semi-public bodies had made requests for allotment of plots for their officers and one of them was the Employees State Insurance Corporation. The report suggested for obtaining the Land Committee's approval in respect of three item's and the third item is as follows : "(3) Approval to the pre-emption statement for which plots the right of pre-emption under Section 81 falls due. In the cases of plots, which we may decide to offer for sale by private treaty to Government or similar organisation, we may have to say that pre-emption right, although due, cannot be recognised."
(3.) The Land Committee considered the Chief Valuer's report in its meeting held on 27th December, 1961 and with respect to the relevant item resolved as under : "13 (a) The Committee considered the Chief Valuer's report dated 26th December, 1961 regarding plots of surplus land in Scheme No. LXVI (Bowbazar Relief Road Blackburn Lane to Lower Chitpore Road). The Committee approved of the layout plan, the suggested upset prices and the Chief Valuer's recommendations regarding the admissibility of pre-emption rights under Section 81 of the Act such rights to be allowed when it is possible to do so without prejudice to public interest or detriment to the desirable character of development of the area." ;