GANESH CHANDRA BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal from an order of Mr. Justice Banerjee dated the 7th January, 1963, discharging a Rule under Article 226 of the Constitution subject to certain clarification made in the declaration under Section 6 as indicated in his order.

(2.) The appellants are residents within the Municipal limits of Bhatpara in the District of 24 Parganas and they are the recorded owners In respect of S. S. Dag Nos. 547, 548 and 549 of Khatian Nos. 1068 and 1282 of Mouza Bhatpara, P. S. Jagatdal in the District of 24 Parganas.

(3.) By a notification dated 8th November, 1956, and bearing No. 16796 L. Dev. the said plots of the appellants were sought to be acquired under the provisions of the West Bengal Land Development and Planning Act, 1948, for the purpose of settling immigrants. The ap-pellants thereupon filed objections against the proposed acquisition and the Land Acquisition Collector upon hearing the objection was satis-fied that the plots were of indispensable neces-sily to the appellants for residential and other purposes. It appears that subsequently another notification was published bearing No. 14932 L. Dev dated 13th August, 1957, whereby only a portion of plot No. 547 was declared as needed for a public purpose, namely, for the settlement of immigrants. Nothing was said with regard to plots Nos. 548 and 549. This notification was issued under Section 6 of the West Bengal Land Development and Planning Act, 1948. Various other plots were also mentioned in the notification and the total area of all these lands is given as more or less measuring 4.89 acres. The appellants' case is that as plols Nos. 548 and 549 were no longer intended to be acquired under the provisions of this Act. they were excluded from this notification issued under Section 6 of the Act. As no indication was given in this notification under Section 6 as to the exact area of plot No. 547 which was intended to be acquired, the appel-lants moved this Court under Article 226 of the Constitution on the ground that the notification under Section 6 was bad inasmuch as it did not specify the area or part of plot No. 547 which was intended to be acquired under the provisions of the West Bengal Land Development and Planning Act. A Rule nisi was issued and this Rule came up for hearing before Mr. Justice Banerjee.