Sarkar, J. - (1.)In this case the validity of the West Bengal Land (Requisition and Acquisition) Act, 1948 was questioned by the appellants by a petition moved under Art. 226 of the Constitution in the High Court at Calcutta. The High Court having dismissed the petition, the appellants have filed this appeal with special leave granted by this Court.
(2.)The Act provided for requisition and also for acquisition of land by the State Government "for maintaining supplies and services essential to the life of the community or for providing proper facilities for transport, communication, irrigation or drainage, or for the creation of better living conditions in rural or urban areas............ by the construction or reconstruction of dwelling places for people residing in such areas". The Act provided for payment of compensation in respect of requisition and acquisition made under it.
(3.)An order was made under the Act on July 22, 1957 requisitioning certain lands belonging to one of the appellants, the other appellant being a lessee thereof, and it was stated in the order that possession would be taken on August 2, 1957. Thereupon the appellants filed the petition.