TIRTHALAL DE Vs. STATE OF WEST BENGAL
LAWS(CAL)-1961-11-1
HIGH COURT OF CALCUTTA
Decided on November 28,1961

TIRTHALAL DE Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) THIS Rule is directed against acquisition of certain plots of land belonging to the petitioner under the provisions of the land Acquisition Act, 1894. By a notification No. 16976 LA-dated September 4, 1957, c. s. plots Nos. 794, 889, 896, 898, 900, 901, 904, 946, 950, 951 and portions of c. s. plots Nos. 793, 895 and 942, in village Ballavpur, Police Station Serampore, in all measuring 5. 669 acres, were notified as likely to be needed for a public purpose, namely, construction of hostel, playing ground and house for residence of lecturers of the West Bengal Textile Institute. The aforesaid notification was made under section 4 of the Land acquisition Act (hereinafter referred to as 'the Act') and was published in Calcutta Gazette, dated October 18, 1957.
(2.) THE petitioner objected to the acquisition of his land, included in the notified area, under the provision of Section 3a of the Act. The respondent No. 2, Land Acquisition Collector of Hooghly, acknowledged receipt of the objection, filed by the petitioner on December 12, 1957. There is no dispute that the objection was filed within time. There was an inspection of the locality by an officer of the Land Acquisition Department, in connection with the objection made by the petitioner, on January 7, 1958. Before that officer the petitioner explained why his land should be exempted from acquisition. The petitioner also recorded the grounds of exemption in his letter to the Land Acquisition Collector, dated January 22, 1959.
(3.) THEREAFTER, there was a declaration made, under section 6 of the Land Acquisition Act, being declaration No. 3946 L. A. , dated February 20, 1959 (published in the Calcutta Gazette dated March 5, 1959), the material portion of which is set out below: "whereas the Governor is satisfied that land is needed for a public purpose, not being a purpose of the Union, namely, for construction of hostel, playing ground, residences of lecturers etc. , of the West Bengal Textile Institute, Serampore, in the village of Ballavpur, jurisdiction list No. 14, Thana Serampore, District Hooghly, it is hereby declared that a piece of land comprising cadastral plot Nos. 794, 889, 896, 898, 904, 946, 950, 951 and portion of cadastral plot Nos. 793, 895 and 942 and measuring more or less, 5,315 acres, is needed for the aforesaid public purpose at the public expense within the aforesaid village of Ballavpur. This declaration is made, under the provisions of Section 6 of Act I of 1894, to all whom it may concern. " Under section 9 of the said Act, the petitioner was served with a notice (Annexure E to the petition) calling upon him to appear before the Land Acquisition Collector, on March 18, 1959, and to claim compensation for his, interest in the acquired land. On receipt of the notice, the petitioner made another objection, dated March 17, 19s59, asking for exemption of his land from acquisition but to no effect. The Land Acquisition Collector thereafter made an award whereby he awarded a sum of Rs. 25006. 51 np. , in favour of the petitioner, in respect of his interest in the acquired land. The petitioner received notice of the award on March 27, 1959. Thereafter he made an application before the Land Acquisition Collector asking for a reference as to valuation, under section 18 of the Land Acquisition Act. The afore said application for reference is said to be pending.;


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