HURDEODAS AGARWALA Vs. STATE OF W B

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for an appropriate Writ for a direction on the opposite parties to forbear from, depriving the petitioner of his property mentioned in the petition and from taking possession of the same and also for a direction upon the opposite parties not to take any steps or proceedings under: the West Bengal Land Development and Planning Act of 1948.

(2.) The petitioner's case is that he holds 6 bighas, 10 cottahs and 4 chatacks of land in Jote Tikalmal at Siliguri in the District of Darjeeling where he resides and carries on his business. By a declaration made under Section 6, West Bengal Act 21 of 1948 the Provincial Government purported to acquire lands measuring 27.78 acres in. Siliguri, Pargana Baikunthapur, District Darjeeling, including the said land belonging to the petitioner. This Notification was dated 19th December 1949, and was published in the Calcutta Gazette, dated 22nd December 1949. On 18th February 1950, the petitioner in the present proceeding submitted a petition of objection to the Deputy Commissioner of Darjeeling and therein prayed for exemption of the land of the petitioner from the proposed scheme of acquisition. It is alleged in the petition that the petitioner migrated from Dinajpore (East Pakistan) in 1948 and on 14th May 1948, he took settlement of the said land on a lease for a period of 9 years and paid a selami of Rs. 16281-4-0 for the land and the annual rent in respect of the land was fixed at the rate of Rs. 2 per cottah. After obtaining the said lease, the petitioner invested a sum of Rs. 35,000 in erecting buildings on the said land and also in planting a jute-baling machine and in building an ice-factory on the said land with the object of residing there and carrying on business at the said place. It appears that pursuant to the application of the petitioner praying for exclusion of his land from the said acquisition, the Government have exempted from acquisition proceeding .64 acres of land on which there exist the structures erected by the petitioner. It further appears that thereafter an award was made by which certain compensation was awarded to the petitioner in respect of the portion of the land which remained the subject-matter of the acquisition proceeding. Thereupon, the petitioner has filed a petition under Section 18, Land Acquisition Act, praying for a reference to the Civil Court and that application is still pending! In the petition several grounds have been taken attacking the validity of the acquisition proceeding.

(3.) The petitioner moved this Court on 80th April 1951, and obtained this Rule on that date.