AVIJEET DAW Vs. UNION OF INDIA

JUDGEMENT

(1.) The predecessor-in-interest of the petitioner No. 1, as also the petitioners No. 2 and 3 as joint owners of plot Nos. 43K, 43A and 43A/1A, Narkeldanga Main Road, Kolkata - 700054, filed this writ petition being aggrieved by a notification dated December 27, 2010, issued under Section 4(1) of The Land Acquisition Act, 1894 (hereinafter referred to as the said Act) under Form 3D. The notice contained the substance of notification, for acquisition of premises No. 43K, Narkeldanga Main Road, Kolkata measuring about 0.1216 acres. The purpose of acquisition was to construct the inlet and outlet of the Phoolbagan Metro Railway Station under the "East-West Metro Corridor Project" (hereinafter referred to as the said project). The facts of the case are narrated hereunder.

(2.) The notification under Section 4(1) of the said Act was published in two Bengali news papers Ganashakti and Aajkal on March 24, 2010 and also in the Times of India on 26th March 2010. The Gazette Notification of the same was made on April 9, 2010. Upon coming to know of the proposed acquisition, the petitioners filed an objection dated July 14, 2010, under Section 5A of the said Act, on various grounds.

(3.) Notice containing the substance of the notification under Section 4(1) in Form 3D was served upon the petitioners on December 27, 2010 and the public notice of the substance of the notification was displayed at a convenient place in the locality on December 28, 2010. This was the last date of publication. On being served with a copy of the Form 3D on December 27, 2010, the petitioners filed another objection dated January 21, 2011, under Section 5A of the said Act.