HARI NARAYAN BISWAS Vs. FIRST LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) AN improvement scheme known as Scheme Y-M, comprising an area of 14. 8926 acres, including premises No. 34a to 34h, Canal Road, West, Calcutta, was notified under section 43 of the Calcutta Improvement Act, on or about June 25, 1942, and received the sanction of the Governor, as required under section 48 of the Act, on or about December 31, 1943. Thereafter, a notification under section 4 of the Land Acquisition Act was published, on January 4, 1945, and a declaration, under section 6 of the Act was published, on November 15, 1945. Subsequently, however, it transpired that the entirety of the area declared for execution of the improvement scheme was not required for implementation of the scheme. Thereupon, one Jiban Krishna Kundu, Chowdhury (predecessor-in-interest of respondent No. 3), who claimed to be interested in some lands under acquisition, prayed for abandonment of the excess land, under the provisions of section 78 of the Calcutta Improvement Act. Thereupon, on August 20, 1951, there was an agreement entered into between the respondent No. 2, trustees for the Improvement of Calcutta, and Jiban Krishna Kundu Chowdhury to the following effect :

(2.) THE Applicant will- (a)acquiesce in the acquisition of the blue land by the Board, (b)buy the green land from the Board, (c)accept the exemption of the pink land from acquisition in the manner and on the terms specified in the Schedule hereto.

(3.) THE Board and the Applicant will respectively duly perform and observe all other acts, matters and things specified in the Schedule hereto which on their respective parts are to be performed or observed and all acts, matters and things necessary for the purpose of carrying out the object and intention of the agreement recorded by these presents including the execution, acceptance and registration of a Deed of Conveyance of the green land in a form approved by the Board.