MUNESHWAR RAM Vs. SECOND LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) This is an appeal against an order passed by Banerjee, J. dated 18th September, 1963 by which he discharged the rule.

(2.) The facts are shortly as follows : There are eleven petitioners in this case. They state that they are dwellers in a bustee at 16, Rajendra Mullick Street, Calcutta. This bustee along with several other bustees, was notified for acquisition for the purpose of Scheme No. LXIX of the Calcutta Improvement Trust. The acquisition purported to be in respect of a 'Street Scheme'. On the 12th 19th and 25th May, 1955 notices were published under Section 43 of the Calcutta Improvement Act of 1911 (hereinafter referred to as the said Act). On the 20th October, 1955 there was an amendment of the said Act as also the Land Acquisition Act. The relevant amendment is the amendment in the Land Acquisition Act as contained in the Schedule to the said Act, the relevant portion of which is as follows :

(3.) On the 29th December, 1956 sanction to the scheme was given by the Government of West Bengal under Section 48 of the said Act and published in the Calcutta Gazette on the 24th January, 1957 under Section 49. Thereafter, on the 28th March, 1958 an order was made under Section 7 of the Land Acquisition Act. On the 28th March 1960 an award was made by the Second Land Acquisition, Collector. On the 7/10th June, 1961 notice was issued by the Second Land Acquisition Collector for vacating the premises and on the 27th September, 1961 this Rule was taken out by the petitioners inter alia to show cause why there should not be an appropriate writ issued, directing the cancellation or withdrawal or revocation of the notice dated the 7th June, 1961 or 10th June, 1961 and for other reliefs.