HIRA GIRDHARDAS MANSATA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal had been preferred from a judgment and order dated 6th April 1994 dismissing the writ application in which the writ petitioner challenged a notification issued under section 4 of the Land Acquisition Act, 1894.

(2.) Although several points had been raised by the appellant before the learned single Judge only two were pressed in appeal. The first was that the impugned notification had not been served in terms of section 4(1) of the Land Acquisition Act (referred to as the Act) and the second that the impugned notification was defective, in that the public purpose had not been specified.

(3.) The notification under section 4 is dated 31st July 1981. The land sought to be acquired was 0.0650 Hectare (0.1607 of an acre) of premises No.10, Middleton Street, Calcutta (referred to as the premises). The notification said that the land was likely to be needed "for a public purpose namely for the purpose of construction of office cum residential buildings" at the public expense.