PRONAB KUMAR MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On August 8, 1964 the Government of West Bengal issued a notification under Section 4 of the West Bengal Agricultural Lands and Fisheries (Acquisition and Resettlement) Act (West Bengal Act XVIII of 1958) (hereinafter referred to as the said Act) declaring its intention to acquire a number of plots specified in Schedule 'D' to the notification measuring in all 248.70 acres. These plots constitute a fishery or fisheries legally known as Bantra Beel which extend over several moujas all within the Police Station Baraset, District 24 Parganas. The purpose of the acquisition as set out in the notification is as follows :

(2.) According to the petitioners the disputed plots constitute tank fisheries known as Bantra Beel and in the finally published record of rights prepared under the West Bengal Estates Acquisition Act these plots have been recorded as Gheri Mach chas. According to them such fisheries are in existence since over half a century and in the previous settlement records these plots were recorded as Layek Beel.

(3.) The respondents in two affidavits filed by them have not denied that the disputed plots have been recorded as Gheri Mach chas in the P. S. records though it is claimed that at one point of time the fishery was limited to an area of 57.3 acres but it has been extended to cover agricultural lands measuring 186.17 acres and 5.15 acres constitute bandh (embankment), Khal (canal) and doba (small ponds).