AMAL KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is filed by the petitioners for de-requisition of the unutilized land lying and situated at Plot Nos. 2582, 2583, 2584 and 2585, J. L. No.22/2, Mouza Rajpur, P.S. Dhanikhali, District Hooghly.

(2.) The above plots of land were acquired by imitating a proceeding bearing L. A. Case No. 1-10/56-57 under the West Bengal Land (Requisition and Acquisition) Act, 1948.

(3.) It is submitted by Mr. Banerjee, learned Senior Government Pleader, High Court, Calcutta that in view with the settled principles of law the unutilized portion of acquired lands cannot be returned to the erstwhile owners directly. The authority is under an obligation to consider the possibility of utilizing the unutilized plots of land for any other public purpose. If those plots of land cannot be used for any other public purpose in that event only those portions of the land can be put to public auction and the amount fetched in such public auction can be better utilized for the public purpose.