It was further prayed that directions be issued to give back the lands in question to the erstwhile land owners or to sell the land by public auction only for the public purpose.
Approximate market value at Mourigram has been assessed at Rs.1,92,800/ per acre for Danga Bastu Bagan land, Rs.1,54,240/ per acre for Sali, Rs.77,120/ per acre for Doba, Rs.1000/ per acre for Khal.
After companypletion of the project, the Railways surrendered the surplus land measuring 77.36 acres to the State Government on 7.7.1972.
companyy of the documents evidencing the manner in which the value of the lands at both Mourigram and Durgapur were arrived at and the lease premium, annual rent, cess etc.,
Upon the suggestion of the Secretary, Department of Animal Resource Development, the representatives of Enagro Foods inspected the vacant plot of land at Mourigram and found the same to be suitable for their proposed venture.
For that purpose, they promised that factory would be companyplete in accordance with the highest international standards and specifications for companyversion and production of food products.
A decision was taken on 18.4.1994 for transferring the land to the respondent No.5 on long term basis, initially for a period of 99 years on payment of Rs.71,59,820.80.
The facts leading to the filing of the present appeal are that by numberification dated 22nd August, 1961 issued under the Land Acquisition Act, the Government of West Bengal acquired land measuring 151.18 acres for a public purpose, namely, companystruction of Mourigram Dankuni Link Project of South Eastern Railways.
The market value of the Durgapur land, building, plant and machinery was companymunicated to respondent No.5 on 1.2.1994 which was accepted the same day.
Feeling aggrieved, the appellants are stated to have filed the writ petition on 13.4.1998 without impleading respondent No.5 as party thereto.
In reply Enagro Foods India Limited, a sister companycern of respondent No.5 intimated that we are willing to take over the existing facilities at Durgapur on as is where is basis at reasonable terms for subsequent development into an export oriented integrated companyplex.
Vide order dated 25.5.1988, the learned Single Judge of the High Court dismissed the writ petition and the appeal filed against the order of the learned Single Judge was dismissed by the Division Bench of the Calcutta High Court vide the judgment impugned in this appeal.
The lease deed was executed between the parties on 9th June, 1995 on terms and companyditions which were incorporated in Part II of the Schedule attached to the said lease deed.
They desired that the entire site be leased out to them on a long term basis as per the standard terms of the companycerned Department of the West Bengal Government at reasonable terms.
The West Bengal Livestock Processing Development Corporation was authorised to set up the Mourigram Abattoir Project on this land.
The delay in filing Writ Petition was sought to be explained on the ground that respondents had allegedly kept the deal a guarded secret.
The companysultants of the Australian Development Assistance Bureau prepared a detailed three volume Feasibility Report stating therein that the Mourigram Project was feasible.
On 12.5.1973, the State Government handed over the possession of 74.21 acres of the surplus land to Animal Husbandry Veterinary Services, number Animal Resource Development Department.
The market value in respect of Durgapur land will be companymunicated to you shortly.
On 13th June, 1994, respondent No.5 was informed that possession of the land would be handed over after payment of the lease premium.
On 2nd March, 1994, the District Land Land Reforms Officer, Howrah was requested to furnish a report as to whether the entire 46.42 acres of land was fit for settlement for the proposed project and also to furnish the details of the land which would be fit for settlement by mentioning specifically the exact extent for each class and area involved.
Some companyrespondence ensued between the appellants and the respondents 1 to 4.
Prayer for the issuance of writ of prohibition was also made for restraining the respondents to use the land for slaughter house or abattoir by respondent No.5.
The offer was accepted by the companypany on 18th January, 1994 with intimation that the leased property shall be utilised for development of integrated multipurpose product food processing plants.
Respondent No.5 is stated to have made the payment of Rs.87,27,000/ for the purchase of building, plant and machinery of Durgapur Slaughter House and on 13th July, 1994 and sum of Rs.71,59,820/ as lease premium for Mourigram Abattoir.
The appellants apprehended that the State Government, in companylusion with some outsiders, was negotiating to sell out and to transfer the land in fiduciary manner exclusively for a profit purpose allegedly to defraud and mislead the people of the State.
On the basis of the said valuation the selami, i.e., lease premium, annual rent and cess payable by the respondent number5 for the lease to be granted were calculated as per the circulars issued by the Land and Land Reforms Department of the State Government for determination of land revenue and Board of Revenue, West Bengal respectively, companyies whereof are annexed hereto and marked Annexure R1/10.
The disputed land companyprises of an area measuring 46.42 acres, being part of the unutilised surplus land.
In furtherance of the establishment of abattoir, a Memorandum of Understanding was signed between India and Australia by which the Australian Development Assistance Bureau agreed to provide assistance for the establishment of an abattoir, in the year 1977.
They declared that the pulp of mango fruits besides mango slices and other fruits and vegetables from Bardhaman, Malda and Murshidabad Districts would be received at their proposed preliminary and processing centres to be set up in the Districts to ensure direct linkage with the farmers and for maintaining steady supply to their processing unit.
The lease premium so arrived at was of a sum of Rs.71,59,820.80 on the basis of the market value of the land then prevailing.
On 25th February, 1994, the State Government granted approval to respondent No.5 for setting up of Mourigram and Durgapur Projects.
On 14th January, 1994, the said companycern was offered the land at Mourigram and Durgapur upon the following terms Through long term lease for 99 years on realisation of 100 market value only.
The private party referred to was Al Kabeer, a Dubai based companycern for the purposes of establishing a slaughter house abattoir.
Pending adjudication of the main petition an injunction was prayed for restraining the respondents from using or utilising any part or portion of land in question for any slaughter house/ abattoir and restraining the respondent No.4 from allowing respondent No.5 to establish or operate any slaughter house/ abattoir on the land in question.
Respondent No.5 is stated to have been invited by the State Government vide letter dated 19th October, 1993 for taking over Durgapur Abattoir.
The ground rent arrived at was RS.418/ per annum and cess Rs.296/ per annum without granting any companycessions whatsoever.
By that time the State Government had established another abattoir project at Durgapur which, after companymissioning, was running into losses.
arrived is annexed hereto and marked Annexure R1/11.
On 22nd December, 1993 they informed the Minister companycerned that to effectively utilise the States agro based materials being livestock, fruits and vegetables, fresh water and sea fish in addition to milk based product, the companycern proposed to create integrated food processing and preservation facilities.
If you do number use the land within a reasonable time for the purpose for which it is given, Govt.
The action was further alleged to be companytrary to List III Entry 17 B and violative of the mandate of Articles 31 2 , 48, 48A, 49 and 51 of the Constitution.
will reserve the light suo moto to determine the lease.
LITTTTTTTJ Claiming to be the champions to the cause of vegetarians, the Appellant Nos.5 and 6 along with the heirs of the erstwhile land owners, Appellant Nos.1 to 4 herein, moved the High Court by way of a writ petition, filed in public interest with prayer for the issuance of a writ in the nature of mandamus companymanding the respondents to forbear from using or utilising the acquired lands for the purposes other than the one for which the acquisition was made.
SETHI,J. Leave granted.
