G. R. BHATTACHARJEE, J. ( 1 ) AS many as 92 writ petitioners who are all residents of village Bhatipota, Mouza Gangapur, P. S. Bhangore, Dist. South 24-Parganas have filed the present writ petition challenging the requisition and acquisition processes initiated by the authorities of the State Government in respect of their lands apartaining to Gangapur mouza for the purpose of setting up an integrated leather complex there. As submitted, it is the case of the petitioners that they are in occupation of the concerned lands either as owners or as Bargadars and they are all cultivators and have cultivated their high yielding lands from which they maintain their livelihood and the State Government cannot requisition such lands for the aforesaid purpose and at any rate before taking possession of the lands the State Government should prepare appropriate scheme for rehabilitation of the land losers. It is also contended that so much of land as sought to be acquired by the Government is not necessary for the purported purpose and at any rate other suitable lands elsewhere may be available for the purpose instead of acquiring the high yielding agricultural lands of the petitioners. It is also the contention of the petitioners that so much of lands as contemplated by the Government for the purpose of taking possession to set up the leather complex will not be at all necessary and a lesser quantity of land will serve the purpose. It is the further contention of the petitioners that all the petitioners have not received any notice in this respect as required under law. Accordingly the petitioners have prayed for direction upon the respondents to refrain from taking possession of the concerned lands or in any way distributing the cultivation and the actual possession of the lands without following the procedure laid down in the statute and without preparing proper scheme for proper rehabilitation and offering means of survival to each land loser. It is also the prayer of the petitioners that the respondents may be directed to assess before possession is taken as to how much land will be actually necessary and whether cultivable lands can be excluded from the scope of acquisition, and also to pay actual compensation and damage to the petitioners whose lands should be decided to be acquired or requisitioned. This writ petition was filed on 28th January, 1994 and a learned Judge of this court passed an interim order on 4. 2. 94 restraining the respondents from proceeding any further on the basis of the order passed on 17th November, 1993 for requisitioning the lands mentioned in the said order, and the parties were directed to maintain status-quo in respect of the said lands. ( 2 ) AN affidavit in opposition was affirmed on behalf of the respondents. It is the case of the respondents that the Directorate of Cottage and Small Scale Industries, West Bengal had approached the Land and Land Reforms Department for requisition and subsequent acquisition of a vast quantity of lands to set up an integrated leather complex in mouza Gangapur, Bhati-pota and Kariadanga under P. S. Bhangore and accordingly considering the public utility of the project the Land and Land Reforms Department approved the proposal and directed the Collector and Dist. Magistrate, South 24-Paraganas to start a proceeding under the West Bengal Land (Acquisition and Requisition) Act II, 1948. It is also stated in the affidavit-in-opposition that the said proposal was checked and the areas so desired by the requiring body for constituting the leather complex was reconciled with the land schedule and plan as submitted by the requiring body alongwith the report received from the Block Land and Land Reforms Officer, Bhangore and the primary inspection was completed on 16th November, 1993 and requisition order was passed on 17th November, 1993 as per provisions laid down in section 3 (1) of the West Bengal Land (Requisition and Acquisition) Act II, 1948 for an area of 526. 36 acres of land in the different mouzas including Gangapur and ultimately possession for 525. 01 acres of land was taken and handed over to the Assistant Secretary, Cottage and Small Scale Industries on 26th November, 1993. It is also stated in that connection that the disparity for an area measuring 1. 35 acres of land between requisition order and possession report happened due to a vesting report which was sent earlier by the B. L. L. R. O. , Bhangore I on 18th November, 1993. It is also stated in that connection that the disparity for an area measuring 1. 35 acres of land between requisition order and possession report happened due to a vesting report which was sent earlier by the B. L. L. R. O. , Bhangore I on 18th November, 1993. It is stated on behalf of the respondents that to give 80% award to the land lesers, the sale report was prepared as per provision laid down in the said Act II of 1948 and necessary fund for payment of 80% award has already been arranged by the requiring body and/or appropriate authority and subsequently the land acquisition department has prepared an estimate towards the cost of the land and structure as requisitioned and the same has been sent to the higher and competent authority for approval. It is further stated in that connection that the work of verification of land schedule is in progress and payment of compensation to the interested parties as per provision of Act II, 1948 and the rules framed thereunder could not be started due to the interim order of status quo as passed by this court on 4. 2. 94. It is asserted in the affidavit-in-opposition that there exists no religious, charitable or educational institution on the requisitioned lands and possession of the concerned lands was taken when they were completely vacant although the classification in the finally published record of rights described the lands as Sali. In paragraph 6 of the affidavit-in-opposition it is categorically stated that the requisitioned lands are necessary to build up the integrated leather complex for the grater interest and utility of the common people of West Bengal and this will provide a large number of unemployed youths with different types of jobs when the situation of unemployment is alarming and there is crisis of industrial growth in this State. It is also stated in the affidavit-in-opposition that the requisition order dated 17. 11. 93 was served upon the owners of the lands and also upon the occupiers as per rules and the writ petitioner Md. Jiad Ali Molla and some other writ petitioners received copy of the order and did sign the office copy of the notice. It is also stated in the affidavit-in-opposition that possession of the lands in question thereupon was taken by the competent authority and delivered to the requiring body on 26. 11. 93. Jiad Ali Molla and some other writ petitioners received copy of the order and did sign the office copy of the notice. It is also stated in the affidavit-in-opposition that possession of the lands in question thereupon was taken by the competent authority and delivered to the requiring body on 26. 11. 93. annexure A to the affidavit-in-opposition is a collective bunch of a copy of the notice, certificate of possession, requisition order etc. In paragraph 8 of the affidavit-in-opposition it is stated inter alia that in respect of compensation of the land losers the writ petitioners will be given 80% of the land value (tentative amount) immediately so fixed in accordance with the provisions of Act II of 1948 and the rules framed thereunder, provided they can establish their title and/or any right of possession on the land in question. In paragraph 13 of the affidavit-in-opposition it is inter alia stated that the steps for acquisition were taken in the grater interest and benefit of the public to expand trade and commerce to solve the huge unemployment problem as exists in the state, and that there is no legal bar for the Government to acquire the land in question, particularly when the benefit of the public and the public interest is involved in the concerned project. ( 3 ) FROM the facts, circumstances and materials of record it is evident that the concerned authority after issuing proper order and notice under the provisions of Act II, 1948, took possession of the concerned lands and also delivered possession of the same to the requiring department on 26. 11. 93. Since there exists no religious, educational or charitable institution on the concerned lands there is also no bar for requisitioning the lands under section 3 of the Act II, 1948. There is also no gain saying that the proposed project, namely, the setting up of the integrated leather complex will no doubt contribute its mite in the matter of solving the unemployment problem of the time and also in bringing about industrial development in a methodical way. ( 4 ) THAT apart, the necessity of this project has another imperative dimension which will be apparent from certain observations and directions of the Supreme Court in writ petition no. 3727/85 (M. C. Mehta v. Union of India and Ors. ). In the order dated 15. 10. ( 4 ) THAT apart, the necessity of this project has another imperative dimension which will be apparent from certain observations and directions of the Supreme Court in writ petition no. 3727/85 (M. C. Mehta v. Union of India and Ors. ). In the order dated 15. 10. 93 the Supreme Court recorded that in the earlier order dated the 24th September, 1993 the court had directed the West Bengal Pollution Control Board to examine the possibility of setting up the joint effluent treatment plant for whole of the complex where the tanneries were situated and the Board had submitted a report wherein it was stated that due to the existence of the tanneries without having any treatment facilities in Tangra, Tiljala and Topsia area, environmental degradation in such area and their surroundings were extremely alarming and that virtually shifting of the tanneries from the present location to another place and construction of common effluent treatment plant is the only practicable solution to control the environmental degradation as a whole. Agreeing with the said opinion of the West Bengal Pollution Control Board the Supreme Court recorded the view that the only alternative left so far as the tanneries were concerned was to find an alternative place for shifting those tanneries. It is also recorded in the said order that as per the affidavit of the Secretary, Department of Cottage and Small Scale Industries, Government of West Bengal, the said government has already identified 507. 27 acres of land to be acquired for setting up the tanneries complex and that on technical advise the Government is thinking of having a bigger project and as such the acquisition proceedings in respect of the said lands have not been initiated. The Supreme Court in that order also took notice of the notification by which a monitoring committee for the integrated leather complex was constituted consisting of 19 members including the Minister-in-Charge, Cottage and Small Scale Industries. The Supreme Court also took notice of the fact that the Department of Land and Land Revenue, Government of West Bengal had addressed a letter dated 13. 7. 93 to the Collector of South 24-Paraganas informing him that a decision had been taken at the government level to acquire the land measuring 507. The Supreme Court also took notice of the fact that the Department of Land and Land Revenue, Government of West Bengal had addressed a letter dated 13. 7. 93 to the Collector of South 24-Paraganas informing him that a decision had been taken at the government level to acquire the land measuring 507. 27 acres in different mouzas, P. S. Bhangore in the said district for the integrated leather complex under the provision of the Act II, 1948 as a special case. The Supreme Court in the order dated 15. 10. 93 made the categorical observation that it was thus obvious that the Government of West Bengal had already taken steps to acquired 507. 27 acres of land for the tanneries complex and there was no reason why the plant should not go ahead and be completed within a reasonable time. The Supreme Court then directed the Minister-in-Charge, Cottage and Small Scale Industries Department who was the Chairman of the committee to proceed with the project in accordance with the time schedule framed by the Court. The Supreme Court also categorically directed that the project should be get prepared on war-footing and that the procedure for acquiring the land measuring 507. 27 acres shall be commenced within one month from the receipt of the order and shall be completed expeditiously. The Supreme Court further directed that after the acquisition proceedings were completed and the possession of the land was taken, the State Government would get the land developed through the authorities under the control of the State Government and this must be done within three months thereafter. In the subsequent order dated 16. 12. 97 the Supreme Court recorded that by the order dated 19. 12. 96 the Court had directed the Calcutta tanneries operating in Tangra, Tiljala, Topsia and Pagladanga areas in the eastern fringe of the city of Calcutta to relocate themselves from their present location and shift to the new leather complex to be set up by the State of West Bengal. 12. 96 the Court had directed the Calcutta tanneries operating in Tangra, Tiljala, Topsia and Pagladanga areas in the eastern fringe of the city of Calcutta to relocate themselves from their present location and shift to the new leather complex to be set up by the State of West Bengal. It is also recorded in that order of the Supreme Court that the learned Advocate General for the State of West Bengal stated that about 1100 acres of land would be required to set up the said project out of which about 500 acres of land was available and as regards the remaining part proceedings for acquisition had been taken under the provisions of the West Bengal Act II, 1948. The Supreme Court also took note of the fact that in connection with those proceedings certain writ petitions were pending in the Calcutta High Court in which interim orders had been passed and consequently it was not possible for the State Government to proceed with the concerned project. The particulars of these writ petitions have also been noted in the said order of the Supreme Court and the present writ petition with which we are now dealing also find mention therein. Since the project was being held up on account of the interim orders that had been passed by the High Court in the concerned writ petitions, the Supreme Court requested the Hon'ble Chief Justice of this court to give necessary directions for constituting a Special Bench to hear and dispose of all the concerned writ petitions as expeditiously as possible, preferably within a period of three months, and also directed that in the meanwhile the State Government will proceed with the setting up of the project including the construction of the common effluent treatment plant. It may be mentioned here that the other writ petitions mentioned in the said order of the Supreme Court have all been disposed of and only the present writ petition is now pending which is also being disposed of by the present order. It may be mentioned here that the other writ petitions mentioned in the said order of the Supreme Court have all been disposed of and only the present writ petition is now pending which is also being disposed of by the present order. In view of the aforesaid observations and directions of the Supreme Court there is no scope to back out from the proposed setting up of the integrated leather complex at the proposed site and in fact, the apex court as we have seen, is very eager for very legitimate reasons to see that the acquisition proceedings are completed very expeditiously and the proposed tannery complex is set up. ( 5 ) HAVING regard to the facts, circumstances and the materials on record we also find absolutely no reason to hold that the State Government should not go ahead with the proceedings under the West Bengal Act II, 1948 for acquisition of the lands in question which is an imperative necessity for setting up of an integrated leather complex not only for the growth of leather industries in the State that will have its own share of contribution to the industrial development in the State thereby raising employment opportunities but also for shifting and relocation of the existing tanneries at Tangra, Tiljala, Topsia and Pagladanga areas to the proposed site which, as we have seen from the orders of the Supreme Court, is urgently necessary from the environmental point of view also. Having regard to the different factors germane to the matter as well as the imperative nature of the urgencies reflected in the different directions and observations of the Supreme Court, we are clearly of the opinion that the setting up of the proposed integrated leather complex at the proposed site brooks no delay in the interest of pronounced public cause. There is also absolutely no merit in the present writ petition. The question of framing of a scheme, as prayed for in the writ petition for making alternative arrangement for livelihood of the land losers before the lands are acquired is not a matter for consideration of this court because the law does not prescribe any such pre-condition or condition for acquisition of land. The question of framing of a scheme, as prayed for in the writ petition for making alternative arrangement for livelihood of the land losers before the lands are acquired is not a matter for consideration of this court because the law does not prescribe any such pre-condition or condition for acquisition of land. Moreover the questions as to what is the income of the petitioners from the concerned lands and whether such income constitutes their only source of livelihood and whether they have other sources of income are all pure questions of fact which can not be conveniently entertained and decided by the writ court on a writ petition. It is however needless to mention that the affected persons will be obviously entitled to compensation in accordance with law. In the result the writ petition is dismissed with the observation that the State Government will proceed in the matter in accordance with law. All interim orders stand vacated. R. K. Mitra, J.-I agree. Petition dismissed.