SAILENDRA NATH PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The main issue raised by the appellants in this appeal is whether the order under sub-section (1) of Section 3 of the West Bengal Land (Requisition & Acquisition) Act, 1948 (Act II of 1948) was duly served upon the said appellants in the manner prescribed under the said Act and the Rules framed thereunder and if not, what are the consequences thereafter.

(2.) The appellants herein have challenged the steps taken by the respondent authorities for taking over possession of the land owned by the said appellants by filing a writ petition before this court.

(3.) It has been specifically urged on behalf of the appellants that the authorities of the State of West Bengal without following the provisions of the West Bengal Land (Requisition & Acquisition) Act, 1948 (hereinafter referred to as the 'said Act') sought to take over possession of the land in question of the said appellants. In the said writ petition, it has been specifically stated by the appellants herein that they came to know about the existence of any proceeding under the said Act only after receiving the letter dated July 17, 1986 written by the Secretary of the respondent No. 4. By the aforesaid notice, Secretary of the respondent No. 4 asked the appellants to become members of the Nilachal Housing Co-operative Colony Estate Limited namely, the respondent No. 4 herein and also threatened by the said letter that if they do not want to become the members of the society then it will not be possible to allow the appellants to use roads and drainage facilities.