BHOLA NATH KOLEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Writ petition relates to acquisition vis-a-vis derequisition of the land of the petitioner measuring 35 decimal under LR Dag No. 265, 270 and 299 in Mohisgot Mouja, Rajarhat, District North 24 Parganas. The petitioner by presenting this writ petition has claimed release of aforesaid land by the concerned authorities of the state-respondents and return of the same.

(2.) The proposal for acquisition of the aforesaid land was mooted by the Housing Directorate, Government of West Bengal and accordingly LA Case No. 4/14 of 1999-2000 was initiated in the year 1999. Based on such proposal for acquisition of the land of the petitioner for Rajarhat New Township Project preliminary investigation was carried out and report was prepared on 19/7/1999 and thereafter notification under sec. 4(1) of the Land Acquisition Act, 1894 (for short "Act of 1894") was published. While issuing such notification under sec. 4(1) it was specifically stipulated therein that the provisions under sec. 17(4) of the said Act of 1894 would apply in the acquisition proceeding thereby the requirement as contemplated under sec. 5A of the said Act of 1894 was dispensed with.

(3.) On 12/8/1999 there was newspaper publication of the said notification under sec. 4(1). The contents of the said notification under sec. 4(1) was circulated by notifying the same in the conspicuous places e.g. office of SDLRO Barasat, office of BDO Rajarhat, office of BL&LRO Rajarhat, Rajarhat Police Station, Rajarhat Gopalpur Municipality and Mahisbathan-II Gram Panchayat as well as it was pasted on the notice-board of the office of the Collector. Such circulation of the notification under sec. 4(1) was made on 12/8/1999.