LAWS(CAL)-1965-11-8

BENOY KRISHNA Vs. STATE OF WEST BENGAL

Decided On November 24, 1965
BENOY KRISHNA Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This application under Article 226 of the Constitution is directcd against a notification (Vide Ann. 'S' to the Supplementary Counter-affidavit') under Section 4 of the Land Development and Planning Act, 1948 (hereinafter referred to as the Act of 1948), dated 18-2-1959 and the declaration under Section 6 thereof (No. 7666L. Dev./16-6-62), made in pursuance of the notification, which is annexed to the petition (p. 24), in respect of the Petitioner's lands specified in the declaration.

(2.) A joint affidavit-in-opposition has been filed on behalf of the State of West Bengal and its officers. No separate counter-affidavit appears to have been submitted by respondent No. 5, the Commissioner of the Refugee Rehabilitation Dept. of the State of West Bengal.

(3.) Since a number of points have been raised in the Petition, it would be convenient to lake them up serially, 'with reference to the facts relevant to each of them. But some of them, which may be rejected without much reasoning may be disposed of at the outset.