MRINALINI ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an appeal from an order passed by Chittatosh Mookerjee J, on September 19, 1973 by which his Lordship discharged a Rule. By the Rule, the petitioners who are the appellants before us challenged a Notification dated the 14th May 1956 under Section 4 and a Declaration dated the 5th January 1961 under Section 6 of the Land Acquisition Act.

(2.) THE petitioners are the owners of a fishery in Dhapa. The said plot along with other adjoining plots were notified for acquisition for the purpose of reclamation of Southern Salt Lake area. The only point for consideration in the Rule, as the learned Judge observed, is whether the acquisition of the petitioners' fishery for the said purpose was valid or not.

(3.) MR. N. C. Chakravartti, learned advocate appearing on behalf of the appellants, sought to content, relying on a decision of a Division Bench of this Court, presided over by B. C. Mitra J. , in Pasupati Roy vs. State of West Bengal 77 C. W. N. 157, that no fishery can be acquired under the Land Acquisition Act having regard to the definition of 'land' given in the Act. B. C. Mitra, J. , in delivering the judgment of the Court said :