STATE OF WEST BENGAL Vs. BHUTNATH CHATTERJEE

JUDGEMENT

(1.) The two Rules issued at the instance of the State of West Bengal are directed against an order of the Judge at Asansol whereby in deciding the question as to which of the two notices issued under Section 4(1) of the Land Acquisition Act of 1894 would govern the determination of market value of the acquired lands under S. 23(1) of the Act, he came to the finding that the date of the later notification would be the date with reference to which the market value should be assessed in the two cases concerned.

(2.) L. A. Reference Cases 121 of 1961 and 221 of 1961 were started on the prayer of the claimant--O.P. in the court of the Judge at Burdwan. The claimant moved the High Court under Article 227 of the Constitution of India and obtained an order directing the judge to investigate the question as to which of the two notifications under Section 4(1) of the said Act would prevail for the purpose of determination of the market price of the acquired lands in the cases concerned. The learned judge thereafter took up the question as a preliminary issue in the two cases, and arrived at the finding that the later notification had the effect of superseding the earlier one. This he did on the strength of the case, State of Madras v. Balaji Chettiar. It is the correctness of this finding that is challenged by the learned Government pleader who contends that the trial judge acted illegally and with material irregularity in exercise of his jurisdiction in the matter.

(3.) It appears from the record that on January 12, 1955 the State Government issued a notification under Section 4 of the said Act in connection with the proposed acquisition of land for the development of industries in the Durgapur area in the District of Burdwan and authorised a survey within an area described by boundaries mentioned in the notification.