SHIBAPADA TRIPATHY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal from the orders dated November 12 and 24, 1976 passed by M. M. Dutt J modifying his earlier order dated August 5, 1976 disposing the Civil Rule No. 18143 (W) of 1975.

(2.) For the establishment of Haldia Dock, lands of residents in Mouza Debhog whereon, it was alleged, their homes and hearths were situated, were acquired under the provisions of the Land Acquisition Act, 1894 by the State of West Bengal(sic) the Board of Trustees for the Port of (sic) cutta (hereinafter referred to as the (sic) cutta Port Trust"). There were negotiations between the State Government and the representatives of the people of Mouza Debhog for rehabilitation of the inhabitants of Mouza Debhog affected by the said acquisition and the Government of West Bengal by its letter of January 8, 1974 communicated its decision to tile Collector of 24-Parganas to allot plots to the affected families of the Mouza Debhog for rehabilitation out of lands adjacent to the town area to be obtained from the Calcutta Port Trust, on payment of coats of acquisition, and 4 cottah plot without, development was to be allotted to each affected family.

(3.) The Collector of Midnapore by Its letter dated July 17, 1974 informed the Secretary, Haldia Mulyan Committee, as representing the local people, to arrange for deposit of Rs. 3,01,699.75 p. to the Calcutta Port Trust as costs of acquisition of 28.33 acres of such land for allotment to affected families of Mouza Debhog. The Collector further advised that on such deposit the said under-developed land would DP handed over to the Secretary for allotment to the evicted families of Mouza Debhog. The same position was reiterated in the letter of the Special Land Acquisition Officer, Haldia Project, Midna-pore dated August 14, 1974 and letter dated October 1, 1974 (Annexs. B. D, G & I respectively of the petition of motion in C, R, No. 6665(W) of 1974 referred to hereinafter).