Wanchoo, J. - (1.) These four appeals on certificates granted by the High Court of Calcutta arise out of the same land acquisition proceedings and raise the same points and will be dealt with together. There ware two petitions before the High Court under Art. 226 of the Constitution challenging the land acquisition proceedings which were dealt with together. The learned Single Judge who originally dealt with the matters dismissed the petitions. Then followed two appeals to the Division Bench of the High Court, which were allowed. Four applications were then made for certificates to appeal to this Court, two of them by the State of West Bengal and two by the Ramakrishna Mission (hereinafter referred to as the Mission) in whose favour the acquisiton proceedings ware taken. That is why we have four appeals before us, two by the State of West Bengal and two by the Mission. We propose to deal with them together in the judgment.
(2.) The Mission is a society registered under the Societies Registration Act of 1860 and the object of the society inter alia, is to impart and promote the study of Vedanta and its principles as propounded by Sri Ramakrishna and of comparative theology in its widest form and also to propagate religious, social and educational teachings and activities for the benefit of the public. In that connection the Mission had acquired by private purchase or acquisition under the Land Accusation Act No. 1 of 1894, (hereinafter referred to as the Act) a large tract of land at a place called Narendrapur. In order to carry out its objects, the Mission, inter alia establishes, maintains and carries on schools, colleges, orphanages, workshops, laboratories, hospitals, dispensaries, houses for the infirm, the invalid and the afflicted, famine relief works and other educational and charitable works and institutions of a like nature. For that purpose it constructs, maintains or alters any house buildings or works necessary or convenient therefor. In the recent past the Mission had started various public works in the locality known as Narendrapur and established there (a) a residential degree college with hostel building and staff quarters, (b) a residential multi-purpose school, (c) a residential senior basic school and an institution for the blind with similar amenities, (d) a students home for the residence of students who study in the University or other colleges, and an institution for the promotion of adult and social education with hostels etc., (e) a school of shorthand and typewriting, (f) a dairy farm, (g) a poultry farm and fishery for training purposes, (h) a centre for training carpentry and book binding etc. (i) a fully equipped hospital, (j) a library, a gymnasium, workshops for the boys of schools and colleges, agricultural farms for the multipurpose schools.
(3.) In October 1960 the Mission applied to the Land Acquisition Collector, Alipore, for acquisition of certain lands as the land at its disposal at Narendrapur was not sufficient for its purpose. The Land Acquisition Collector was requested to start proceedings beginning with S.4 read with S.38 of the Act for the acquisition of 14.11 acres of land and most of this land was in the shape, of pockets in the existing land of the Mission or adjacent to it. The Mission informed the Collector that it was willing and ready to enter into necessary agreement with the Government as provided for in the Act for purposes of this acquisition and pay also all reasonable costs in respect thereof. Thereafter a notification was issued under S. 4 of the Act on July 24, 1961, in which it was recited that the land was likely to be needed for a public purpose, namely for the construction of staff quarters, hostel building and playground of the Mission and that the area needed was about 14.11 acres. Notice was given to persons interested in the land specified in the notification to file objection, if any, within thirty days.;