SUDHANGSHU SEKHAR MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgment and order of A.K. Sen, J., dated the 14th February.

(2.) The appellants are 61 in number. They made an application under Article 226 of the Constitution challenging certain acquisitions of land in the district of Midna-pore for purposes of the Haldia Dock. The facts, briefly, are that on the 5th May, 1959, the Government of West Bengal issued a notification under Section 4 of the Land Acquisition Act, 1894, in respect of lands in 68 villages in the district of Midnapore "likely to be needed for a public purpose, viz., for the establishment of a subsidiary Port at the mouth of Haldia River". By this notification the Engineers of the Commissioners for the Port of Calcutta and certain other officers were authorised to enter upon and survey lands and to do all other works required for the purpose of execution of the work.

(3.) This notification under Section 4 dated the 5th May, 1959, was not followed by any declaration under Section 6; but, on the 26th August, 1957, two other notifications were issued, These are notifications Nos. 13988 L. A. (P. W.) and 13991 L. A. (P. W.). The first notification relates to 101.42 acres and the second one to 89.75 acres. The cadastral survey plots numbers have been set out in the schedules to these two notifications. It was stated that land covered by these notifications is "likely to be needed for a public purpose, namely, for the establishment of Haldia Dock". In November-December, 1967, notices were issued inviting objections under Section 5-A of the Land Acquisition Act. On the 14th December, 1967, 211 persons of the village of Hatiberia filed objections under Section 5-A. In May and June, 1968, enquiries on the objections were held. The petitioners herein allege that they asked for certified copies of reports of enquiry but these reports were not made available to them. Thereafter, on the 12th September, 1968, 103 persons gave a lawyer's notice demanding justice before they could apply to this Court under Article 226 of the Constitution. The application, however, was made not by 103 persons but only 61 of them on the 17th November, 1968. The Rule was issued on the 9th May, 1969, but before the issue of the Rule, on the 26th December, 1968, declarations under Section 6 of the Land Acquisition Act 1894, were published in the Calcutta Gazette. The declarations were dated the 20th November, 1968, numbered 15425 L. A. (P. W.) and the 25th November, 1968, numbered 15824 L. A. (P. W.).