STATE OF WEST BENGAL Vs. DILIP KUMAR ROY

JUDGEMENT

(1.) This mandamus appeal is at the instance of the State of West Bengal and is directed against an order dated 13th November, 2009, passed by a learned Single Judge of this Court by which His Lordship partly allowed a writapplication wherein the writ-petitioner/respondent challenged a notification under Section 4 of the Land Acquisition Act, 1894 proposing to acquire 105 cottahs of land for the construction of a Fire service station thereby praying for restricting the extent of acquisition to 33 cottahs of land. Being dissatisfied, the State of West Bengal has come up with the present appeal.

(2.) The facts giving rise to filing of this appeal may be summed up thus:

(3.) The learned Single Judge set aside the notification of acquisition of land in excess of 33 cottahs, 14 chittaks, 26.58 Sq. ft. and held the impugned notification should remain valid for a piece of land measuring the aforesaid area and the petitioner should be entitled to compensation for the aforesaid quantity of land in accordance with law. The State Government/respondent were directed to restore the possession of the balance quantity of land within eight weeks form the date of communication of the said order.