TIRTHALAL DE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Rule is directed against acquisition of certain plots of land belonging to the petitioner under the provisions of the land Acquisition Act, 1894. By a notification No. 16976 LA-dated September 4, 1957, c. s. plots Nos. 794, 889, 896, 898, 900, 901, 904, 946, 950, 951 and portions of c. s. plots Nos. 793, 895 and 942, in village Ballavpur, Police Station Serampore, in all measuring 5. 669 acres, were notified as likely to be needed for a public purpose, namely, construction of hostel, playing ground and house for residence of lecturers of the West Bengal Textile Institute. The aforesaid notification was made under section 4 of the Land acquisition Act (hereinafter referred to as 'the Act') and was published in Calcutta Gazette, dated October 18, 1957.

(2.) THE petitioner objected to the acquisition of his land, included in the notified area, under the provision of Section 3a of the Act. The respondent No. 2, Land Acquisition Collector of Hooghly, acknowledged receipt of the objection, filed by the petitioner on December 12, 1957. There is no dispute that the objection was filed within time. There was an inspection of the locality by an officer of the Land Acquisition Department, in connection with the objection made by the petitioner, on January 7, 1958. Before that officer the petitioner explained why his land should be exempted from acquisition. The petitioner also recorded the grounds of exemption in his letter to the Land Acquisition Collector, dated January 22, 1959.

(3.) THEREAFTER, there was a declaration made, under section 6 of the Land Acquisition Act, being declaration No. 3946 L. A. , dated February 20, 1959 (published in the Calcutta Gazette dated March 5, 1959), the material portion of which is set out below: