RASH BEHARI DASS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is directed against the Notification No. 17796 of November 15, 1961, issued under Sec. 4 of the Land Acquisition Act, 1894, (hereinafter referred to as 'the Act') regarding C.S. plot 404, Chandernagore, which is at annEx. D to the petition.

(2.) The Petitioner's case is that the acquisition proceedings are ultra vires and colourable having been initiated at the instance of one Manindranath who failed to purchase the disputed land from the vendor of the Petitioners while the Petitioners succeeded. Manindranath approached the Municipal Corporation of Chander nagore (hereinafter referred to as 'the Corporation') with the proposal that he would convey the land to the Corporation for the creation of a municipal park and play -ground if the Corporation moved the Government for compulsorily acquiring the disputed land at the cost of Manindranath, who offered to pay Rs. 50,000 as the compensation money required for such acquisition, and the Corporation accepted this proposal by their resolution of August 25, 1959. The State Government, however, refused to move for the acquisition of the land at the instance of a private individual and, consequently, it was agreed between Manindranath and the Corporation (agreement dated May 19, 1960, at annEx. B) that Manindranath would donate to the Corporation the sum of Rs. 50,000 for the purpose of creating the public park as aforesaid and to name the park after some relation of Manindranath and that, in pursuance of this agreement, the Corporation would move the Government for acquiring the disputed land which was specified in the agreement.

(3.) In pursuance of the said agreement, the Corporation passed the resolution of annEx. C dated May 23, 1960, by which the Corporation agreed to offer the compensation money from the Corporation fund in pursuance of the agreement with Manindranath previously entered into to the effect that he would donate Rs. 50,000 for the purpose. The Corporation then submitted its proposal for acquiring the land, to the Collector of Hooghly, who had been previously consulted, and it is in pursuance of that resolution that the impugned notification under Sec. 4 of the Land Acquisition Act has been issued.