ANUKUL CHANDRA GHOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an appeal against an order of G. K. Mitter, J. , dated the 25th November 1960. The facts are shortly as follows: The appeal relates to acquisition of lands under the West bengal Land Development and Planning Act, 1948 (Act XXI of 1948) (hereinafter referred to as the "said act" ). The appellants are residents of village Kamdahari, Brahmapur and Naktala within the police station, of Sadar tollygunge in the district of 24-Parganas. On or about the 22nd November 1956 a notification was issued in the calcutta Gazette, being No. 18788 I-Dev dated 6th November 1956 under section 4 of the said Act the relevant part whereof was as follows:

(2.) THE appellants are interested in some of the plots to be acquired. On or about the 19th December, 1956 they objected to the proposed acquisition and filed petitions of objection. Although complaints have been made about the violation of the rules of natural justice it appears that these objections were heard and for that purpose the Collector want to the vicinity of the land to be acquired on 12th and 13th February 1951 In fact, it is said that some of the parties interested were represented by lawyers. After considering all the objections, a report was given under section 4a (2) of the said Act, to the government, recommending that a substantial number of plots proposed to be acquired should be released. No copy of the report, however, was given to the appellants. On 11th of September, 1957 some of the parties whose lands were proposed to be acquired made a representation to the Minister, Relief and rehabilitation, for release of their lands and it is admitted in that petition that previously the objections put forward had been heard by the Land Acquisition Collector.

(3.) ON 5th of December, 1957, two notifications were published in the calcutta Gazette, one being No. 2227 L-Dev dated 23rd November, 1957 by which certain plots which were proposed to be acquired by the previous notification were cancelled. The second notification being No. 22278 L-Dev was made under section 6 of the said Act. A declaration was made that the plots which had already been notified Under section 4 were required for a public purpose. The relevant part of the notification is set out below :