MARJIA BEGUM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this WP under art. 226 dated July 17, 2002 is questioning a declaration dated April 23, 2002 (WP p.56) made by a Jt. Secretary to the Government of West Bengal under section 6 of the Land Acquisition Act, 1894. The lands concerning which the declaration was made were mentioned in the schedule to a notification dated December 19, 2001(WP p.45) issued under section 4 of the Land Acquisition Act, 1894. The notification was published in a newspaper on January 6, 2002. Claiming to be interested in some of the notified lands, the petitioner submitted a section 5A objection dated February 4, 2002 (WP p.46). In paras. 16 and 17 of the WP the petitioner has stated that the section 6 declaration was made and published without disposing of her section 5A objection giving her opportunity of hearing.

(2.) The respondents are contesting the WP and they have filed as many as four affidavits: an Affidavit-in-Opposition dated August 20, 2002, a Supplementary Affidavit-in-Opposition dated August 1, 2011 (original of this is not in the records of the case), a Supplementary Affidavit dated March 30, 2012 and a Supplementary Affidavit dated June 1, 2012.

(3.) In all the affidavits the respondents have filed they have sought to prove their case that the petitioner's section 5A objection was duly heard and disposed of. In her replies the petitioner has stuck to her case stated in the WP that the section 6 declaration was made and published without disposing of her s. 5A objection giving her opportunity of hearing. Therefore, the question that requires examination and decision is whether the petitioner's section 5A objection was heard and disposed of.