BIMAL KUMAR RAJ Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners, six in number, are all registered land owners under Mouza Ruisnda (A), J.L. 211, P. S. - Kharagpur, District - Paschim Medinipur. Their RS and LR plot numbers are 86/332, 135, 137 and 138. They seek quashing of land acquisition proceedings initiated under LAP case No. 14 of 06-07 corresponding to LA case No. 11 of 07-08.

(2.) The facts of the case are, inter alia, that by a notification published in the official gazette under Section 4 of the Land Acquisition Act, 1894, an area of about 85 acres (3.4250 hectares) was notified for acquisition, by the State, for setting up an industrial estate called 'Telecon and Allied Industrial Units' on the said land. The gazette notification dated 27th November, 2006 invited all owners of land to submit their objections if any to such proposed acquisition. The acquisition of the land was done on a proposal of the West Bengal Industrial Development Corporation Limited (WBIDC) a body wholly owned and controlled by the State of West Bengal which was the requiring body. The WBIDC put in Rs.50 Crores of funds to facilitate the acquisition.

(3.) Pursuant thereto the petitioners, inter alia, by a representation dated 23rd December, 2006 objected to the acquisition, inter alia, contending that the land was densely populated by cultivators and was primarily agricultural in nature. The petitioner No. 1 who is a medical practitioner intended to set up a Super Speciality Hospital thereat.