S.N.BHATTACHARJEE, J. - (1.) This appeal is directed against the judgment and order dated 25-5-98 passed by a single Judge of this Court whereby the writ petition No. 8025(W) of 1998 was dismissed.
(2.) By a notification dated 22-8-1961, Government of West Bengal acquired a land measuring more or less 151.18 acres for a public purpose namely, the construction of Mourigram-Dankuni Link Project of South Eastern Railways After completion of the project, Southern Railway surrendered the surplus land of about 78 acres which were not utilised in the project and handed over the same to the Animal Resource Development Department (ARDD in short), State of West Bengal, which leased out a considerable 4 portion of the said land measuring about 46.42 acres duly registered on 9-6-95 in favour of a private sector enterprise namely, Fregerio Conserve Allana Limited of Mumbai (hereinafter referred to as the said Company) for construction of a food processing unit including an abattoir at Mourigram for a period of 99 years.
(3.) On 13-4-98 Indian Vegetarian Congress and his President as petitioner Nos. 1 and 2 respectively along with the heirs of the erstwhile land owner, petitioner Nos. 3 to 6, whose lands were acquired for the purpose of the railway project jointly filed a writ petition before the ld. single Judge challenging the said lease for 99 years created by the Government in favour of the said Company praying for the writs as contained in a, b, c, d of the prayer portion of paragraph 23 of the writ petition : "A writ in the nature of Mandamus do issue commanding the Respondents to forbear from using or utilising the acquired lands in question other than for a public purpose and to be used only for the purpose for which it was taken and not otherwise." "A writ in the nature of Mandamus do issue directing the Respondents to give bank the lands in question to land-owners or to sell by public auction, and/or to use except for the public purpose for which it was acquired." "A writ in the nature of prohibition do issue prohibiting the respondents to allow user of the lands for the purpose of slaughter house and/or Abattoir or by Fregerio Conserve Allana or for any private purpose." "A writ in the nature of certiorari do issue commanding the respondents to produce all records including the alleged agreement between Fregerio Conserve Allana Limited and Land Revenue Department, Howrah. Govt. of West Bengal violating all norms of environmental Pollution, Provision W.B. Act. XXII of 1950 and Acquisition proceedings of the Lands in question and other relevant statutes and to certify them and on being so certified to quash the same.";