SANDHYA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge in this writ petition is the intended acquisition of residential plot with building allegedly for public purposes. In the notification preliminary published under Section 4 of Act (1) of 1894 the purpose wasshown as widening of Raja S. C. Mullick Road at Calcutta. The claim of the petitioner here is that his land with building is situated in such a place where it cannot be acquired for widening of Raja S. C. Mullick Road. Actually, according to the petitioners they have prepared a hand-sketch, which has been annexed to the writ petition which shows that after Raja S.C. Mullick Road thereto other adjoining premises. In o me side of the said premises (sought to be acquired) there is a newly r constructed Municipal Market and on the other side there was two storied residential building but no attempt was made to acquire any portion of either market building or the residential building although the property 1ies at the back of all the three premises keeping Raja S. C. Mullick Road in front. Accordingly, the petitioners have prepared the hand-sketch. The petitioners' challenge in this writ petition is of two things; one is excepting one minor, child no notice was served under Section 4 or 45 of the Act and the other challenge is the purpose specified in the initial notification under Section 4 is not public purpose or the petitioners apprehe nded that the purpose win be diversified. The respondent authorises (KMDA) in their submission or in their affidavit- in-opposition have stated that under Section 4 there is no provision for individual r notice excepting the notice under Section 4(2).

(2.) There after the respondent/requisitioning authorities stated that the purpose as specified in the notification is public purpose which is widening of Raja S. C. Mullick Road.

(3.) Ac cording to the KMDA authorities the land owners are debarred from challenging the proceeding inasmuch as the same has reached finality and compensation award has been passed and now the land owners are only entitled to notice for compensation.