PANCHKORI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 225 of the Constitution for an appropriate writ for cancellation of a declaration made under Section 6, West Bengal Land Development and Planning Act, and for direction upon the respondents to forbear from proceeding further with the acquisition or from taking possession on the strength of the said declaration.

(2.) The petitioner is the owner of about 2.42 acres of land in Mouza Kodalia in Police Station. Khardah in the District of 24 Pargaaas. By a notification dated 8-9-1951 published in the Calcutta Gazette on 11-10-1951, and purported to be issued under Section 4, West Bengal Land Development Act, 1948, it was notified that the petitioner's said lands along with other lands were likely to be needed for the settlement of immigrants. The total area which was notified as likely to be so needed was 284.32 acres. On coming to know of the said notification, the petitioner approached the respondent No. 3 who is the Collector of 24 Par-ganas, for relief. But it is alleged that no relief was granted to the petitioner. On or about 6-3-1952 a declaration dated 27-2-1952 made under Section 6, West Bengal Land Development and Planning: Act, was published in the Calcutta Gazette, and. It was thereby notified that 174.22 acres of land were needed for a public purpose, namely the settlement of immigrants who had migrated to. West Bengal on account of circumstances beyond their control. The petitioner has challenged the validity of the declaration under Section 6 of the Act on the ground that no opportunity was given to the petitioner to make representations against the development scheme as contemplated by Rule 5(2), West Bengal Land Development & Planning Rules, 1948.

(3.) In the counter-affidavit which has been, affirmed by Mr. S.N. Das Gupta, the Special Land Acquisition Officer, it is stated that a scheme-known as "Kodalia-Masunda-Agarpur Scheme" in bare outline was proposed and sponsored by the Refugee Rehabilitation Department of the Government. This skeleton scheme comprising an area of about 284,32 acres of land was placed before the Land Planning Committee. A copy of this proposal for development scheme has been placed before me at the hearing, and the for- warding letter accompanying the scheme which appears in print in the body of the prescribed form (Rural "D" Type Scheme) runs as follows: To The Secretary, Land Planning Committee, Government of West Bengal. Sir, I have the honour to submit herewith 'a proposal for undertaking a development scheme' in accordance with the West Bengal Land Development and Planning Rules 1948 in respect of the area shown in the annexed schedule and plan. The particulars of the 'proposed scheme' are furnished below. Government may be requested to issue notification under Section 4 of the Land Development and Planning Act and 'direct the prescribed authority to get a development scheme prepared under Rule 5' of the West Bengal Land Development and Planning Rules 1948 or make a declaration under Section 6 read with Section 7, Land Development and Planning Act 1948.