SACHIBALA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated Nov. 8, 1971, passed by the learned District Judge, Burdwan, in L. A. Case No. 58 of 1971. The claimant is the appellant.

(2.) On May 25, 1956, the respondent State issued a preliminary notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the said Act) the material part whereof recited "whereas it appears to the Governor that land in the District of Burdwan is likely to be needed for a public purpose, namely, for the development of industries in the Durgapur area notice is hereby given to all whom it may concern that in exercise of the powers conferred by Section 4 of the Land Acquisition Act (1 of 1894) the Governor has authorised the engineers and their subordinates for the time being engaged on this undertaking to enter upon and survey the land and do all other acts required for the proper execution of their work as provided for in the said section." The notification then proceeded to specify the general route to be taken for the survey within the area bounded on the north by the District of Burdwan, east by a line suitably extending from 108 mile post of G. T. Road being a width of about 3 miles all along from the western boundary of thana Kangsa, south by the Damodar river in the District of Burdwan and west by the eastern boundary of thana Faridpur.

(3.) There is no dispute that notwithstanding the aforesaid notification under Section 4, the respondent-State issued a fresh notification under Section 4 and Section 17 (4) of the said Act, notifying that the lands specified in the two Schedules annexed to the notification, namely, Schedule A (waste and arable land) and Schedule B (other than waste and arable land) are likely to be needed for the public purpose of development of industries in Durgapur area. This notification called for objections under Section 5A of the Act to the proposed acquisition of lands other than the waste and arable lands but such objections were ruled out in respect of the waste or arable lands in exercise of powers under Section 17 (4) of the Act.