STATE OF WEST BENGAL Vs. PANCECOWRI GHOSE

JUDGEMENT

(1.) This is an appeal by the State of West Bengal against a judgment and order of Bose, J., dated December 19, 1952, by which the learned Judge cancelled a certain declaration made under Section 6 of the West Bengal Land Development and Planning Act, 1948, and directed the Appellant Government and certain of their officers to forbear from giving effect to the said declaration.

(2.) The learned Judge held the declaration to be invalid, because Rule 5(2) of the Rules framed under the West Bengal Land Development and Planning Act had not been complied with and he held that the said Rule had not been complied with, because no opportunity had been given to the Respondent to make representations against the relevant scheme.

(3.) The question involved in the appeal is thus one of pure fact. The learned Assistant Government Pleader did not ultimately contend that, even if no opportunity had been given to make representations against the scheme, the declaration made under Section 6 would be a good and valid declaration. All that he contended was that opportunity had, in fact, been given to the Respondent to make representations against the scheme and that in so far as the learned Judge had held to the contrary, he had been in error.