RANADEB CHOUDHURI Vs. LAND ACQUISITION JUDGE 24 PARGANAS

JUDGEMENT

(1.) This Rule under Article 228 of the Constitution of India raises an interesting question about the meaning and scope of the expression, "a substantial question of law as to the Interpretation of this Constitution."

(2.) The facts giving rise to this Rule are as follows:-- The petitioner is Ranadeb Choudhuri. The respondents are the Land Acquisition Judge. 24-Parganas, the Land Acquisition Collector, 24-Parganas, and the State of West Bengal through the Secretary, Land and Land Revenue Department. The petitioner's mother Sm. Sarasi Bala Devi (now deceased) was the owner of about 10 bighas (3.30 acres) of land in Jadavpur, Police station Tollygunge within the municipal jurisdiction of Calcutta Municipality. This land is said to be valuable. By Notification No. 13982 L. Dev, dated the 22nd July 1955, published in the Calcutta Gazette dated the 11th August, 1955, these lands were notified under Section 4 of the West Bengal Land Development and Planning Act (Act XXI of 1948) for settlement of immigrants who have migrated into the State of West Bengal. By a further declaration No. 10848 L. Dev, dated the 15th June, 1957, published in the Calcutta Gazette dated the 4th July, 1957, these lands were acquired under Section 6 of the said Act.

(3.) The Governor of West Bengal on the 8th April, 1955, promulgated the West Bengal Land Development and Planning (Amendment) Ordinance of 1955, by Section 2 whereof Section 8 of the main Act was amended in the following terms: