STATE OF WEST BENGAL Vs. SAMARENDRA NATH PAUL

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal is directed against the judgment dated July 3, 1996 of the Division Bench of Calcutta High Court allowing the writ petition of the respondents and thus setting aside the judgment of the learned single Judge dated July 13, 1988 by which the writ petition was dismissed. The respondents, it would appear from the judgment of the learned single Judge, had challenged the requisition of land measuring 0.57 acres falling in plot Nos. 1787 and 1788 Mouza Monoharpur, P.S. Chanditala, District Hooghly, in the State of West Bengal by order dated May 9, 1984 of the Collector and Additional District Magistrate, Hooghly passed under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (for short 'the Act').

(3.) Section 3 of the Act empowers the State Government or an authorised Collector of a District (an Additional District Magistrate or Land Acquisition Collector, Calcutta) to requisition any land for the objects mentioned therein and Section 4 authorises the State Government to acquire that land for those very objects. Under Section 5 public notice is to be issued by the Collector inviting claims for compensation after the publication of notice acquiring the land. As to how an order under sub-section (1) of Section 3 is to be served is provided under Rule 3 of the West Bengal Land (Requisition and Acquisition) Rules, 1948 (for short 'the Rules'). Sections 3, 4 and 5 of the Act are as under :