UJJAL CHANDRA GHOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated May 8, 1970. The appellant is the owner of premises Nos. 34/1/1A and 36C, Lake Road. The two premises formed one unit measuring about 9 kottahs 5 chhattacks and 34 square feet of land on which the appellant had constructed a three-storeyed building. He has kept open and vacant 4 kottahs and 8 chattacks of land on the eastern part of the property, for better enjoyment of the building and on this vacant land a lawn has been laid. To the east of the appellant's property is a school known as Kamala Balika Vidyalaya.

(2.) On March 27, 1965 the respondent No. 1 issued a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). By this notification the respondent No. 1 proposed to acquire the entire property including the two premises mentioned above for the purpose of expansion of the Kamala Balika Vidyalaya.

(3.) The appellant filed his objection under Section 5-A of the Act to the notification under Section 4 of the Act. In this objection he said that he got a plan prepared for a three-storeyed building on the land and submitted an application for sanction to the Corporation of Calcutta. He also said that the construction of the ground and the first floors of the building, and also of the second floor up to the roof level, had been almost completed and all necessary building materials had been purchased and kept ready, and that he was awaiting further supplies of cement for completion of the building. He also said that while the construction of the premises had made substantial progress, he was served with a copy of the substance of the notification under Section 4 on August 3, 1965