DAULAT SINGH SURANA Vs. FIRST LAND ACQUISITION COLLECTOR
LAWS(SC)-2006-11-164
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on November 13,2006

DAULAT SINGH SURANA Appellant
VERSUS
FIRST LAND ACQUISITION COLLECTOR Respondents


Referred Judgements :-

MUNN V. ILLINOIS [REFERRED TO]
LORD ATKINSON IN CENTRAL CONTROL BOARD V. CANNON BREWERY CO.LTD. [REFERRED TO]
HOLINESS KESAVANANDA BHARATI SRIPADAGALAVERU V. STATE OF KERALA [REFERRED TO]
STATE OFBIHAR VS. KAMESHWAR SINGH:STATE OF MADHYA PRADESH:GOVERNMENT OF THE STATE OF UTTAR PRADESH:KAMESHWAR SINGH [REFERRED TO]
STATE OF BOMBAY VS. BHANJL MUNJI [REFERRED TO]
STATE OF BOMBAY VS. ALI GULSHAN [REFERRED TO]
STATE OF BOMBAY VS. R S NANJI [REFERRED TO]
SAILENDRA NARAYAN BHANJA DEO VS. STATE OF ORISSA [REFERRED TO]
BABU BARKYA THAKUR VS. STATE OF BOMBAY NOW MAHARASHTRA [REFERRED TO]
SATYA NARAIN SINGH VS. DISTRICT ENGINEER P W D BALLIA [REFERRED TO]
SOMAWANTI 0M PARKASH ATMA RAM CHODHA VS. STATE OF PUNJAB [REFERRED TO]
ARNOLD RODRICKS LAWRENCE ZUREN JOHN VS. STATE OF MAHARASHTRAS IN BOTH THE PETITIONS [REFERRED TO]
STATE OF KARNATAKA VS. RANGANATHA REDDY [REFERRED TO]
MAHARAO SAHIB SHRI BHIM SINGHJI ANANTALAKSHMI PATHABI RAMASHRRMA YOTURI JODHAN REAL ESTATE DEVELOPMENT CO PRIVATE LIMITED RAJENDRA GARG SHAMSHUL ISLAM VS. UNION OF INDIA [REFERRED TO]
RAGHUNATH VS. STATE OF MAHARASHTRA [REFERRED TO]
COFFEE BOARD KARNATAKA BANGALORE VS. COMMISSIONER OF COMMERCIAL TAXES KARNATAKA [REFERRED TO]
HINDUSTAN OIL MILLS LIMITED VS. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION [REFERRED TO]
SCINDIA EMPLOYEES UNION VS. STATE OF MAHARASHTRA [REFERRED TO]
NRIPATI GHOSHAL FIRST LAND ACQUISITION COLLECTOR VS. PREMAVATI KAPUR [REFERRED TO]
LAXMANRAO BAPURAO JADHAV VS. STATE OF MAHARASHTRA [REFERRED TO]
JEET MOHINDER SINGH VS. HARMINDER SINGH JASSI [REFERRED TO]
FIRST LAND ACQUISITION COLLECTOR VS. NIRODHI PRAKASH GANGOLI [REFERRED TO]
HAMABAI F PETIT AND MOOSA HAJI HASSAM VS. SECRETARY OF STATE FOR INDIA IN COUNCIL [REFERRED TO]



Cited Judgements :-

SULAIMAN VS. STATE OF KERALA [LAWS(KER)-2010-3-79] [REFERRED TO]
M BHASKARAN REDDIAR VS. DISTRICT COLLECTOR CUDDALORE DISTRICT [LAWS(MAD)-2007-3-355] [REFERRED TO]
R SANTHANA RAJ VS. CHIEF ENGINEER [LAWS(MAD)-2011-11-26] [REFERRED TO]
MODERN PUBLIC SCHOOL GHIWARI VS. STATE OF U P AND ORS [LAWS(ALL)-2009-10-312] [REFERRED]
DILIP KUMAR ROY VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-11-50] [REFERRED TO]
MADAN MALJI KAMBLI VS. STATE OF GOA THROUGH ITS CHIEF SECRETARY [LAWS(BOM)-2012-5-39] [REFERRED TO]
PARMAR DULESINH AMARSINH VS. STATE OF GUJARAT [LAWS(GJH)-2011-5-34] [REFERRED TO]
STATE OF HARYANA VS. VINOD OIL AND GENERAL MILLS [LAWS(SC)-2014-9-119] [REFERRED TO]
SHREE PADMA SAGAR EXPORTS PVT LTD VS. COLLECTOR THE L A DEPARTMENT HOOGHLY [LAWS(CAL)-2007-2-71] [REFERRED TO]
SELLATHAL VS. DIRECTOR OF MUNICIPAL ADMINISTRATION CHEPAUK CHENNAI [LAWS(MAD)-2007-12-354] [REFERRED TO]
P BALAMANI VS. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR COIMBATORE DISTRICT [LAWS(MAD)-2008-3-61] [REFERRED TO]
ALL INDIA ANNA DRAVIDA MUNNETRA KAZHAGAM VS. J. DEEPAK [LAWS(MAD)-2022-1-168] [REFERRED TO]
GOPAL VS. STATE OF KARNATAKA [LAWS(KAR)-2022-7-1141] [REFERRED TO]
RAJ EXPORT PROPRIETOR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2009-11-5] [REFERRED TO]
RAM CHAUDHARY VS. TECHNOLOGY PARK [LAWS(ALL)-2010-4-28] [REFERRED TO]
NARENDRA ROAD LINES PVT LTD VS. STATE OF U P [LAWS(ALL)-2010-7-60] [REFERRED TO]
P. ARIMUTHARASU VS. SUPERINTENDING ENGINEER [LAWS(MAD)-2014-8-98] [REFERRED TO]
LES ATELIERS DE PONDICHERRY PVT LTD , REPRESENTED BY DIRECTOR ADITYA GOENKA VS. PONDICHERRY ELECTRICITY DEPARTMENT REPRESENTED BY THE SUPERVISOR [LAWS(MAD)-2011-11-79] [REFERRED TO]
MINOR VIGNESH KANNIAYARAM, DR T CHANDRAKALA VS. POWER GRID CORPORATION OF INDIA LIMITED (A GOVT OF INDIA ENTERPRISE); POWER GRID CORPORATION OF INDIA LIMITED [LAWS(MAD)-2008-4-435] [REFERRED]
S. PADMAVATHI VS. STATE OF KARNATAKA [LAWS(KAR)-2022-7-35] [REFERRED TO]
LOLAR RAM PATHAK AND ORS VS. STATE OF U P AND ORS [LAWS(ALL)-2008-4-329] [REFERRED]
ESSEX FARMS P LTD VS. UNION OF INDIA [LAWS(DLH)-2007-7-212] [REFERRED TO]
R KANNAN VS. POWER GRID CORPORATION INDIA LIMITED [LAWS(MAD)-2008-4-239] [REFERRED TO]
MANGALA MARINES VS. HINDUSTAN PETROLEUM CORPORATION LTD THALAMUTHU NATARAJAN BUILDING NO 8 [LAWS(MAD)-2007-11-609] [REFERRED]
KEDAR NATH YADAV VS. STATE OF WEST BENGAL & ORS. [LAWS(SC)-2016-8-51] [REFERRED TO]
SOORARAM PRATAP REDDY VS. DISTRICT COLLECTOR [LAWS(SC)-2008-9-21] [REFERRED TO]
LORD MAHADEV TRUST VS. STATE OF UTTARANCHAL [LAWS(UTN)-2012-5-18] [REFERRED TO]
S.K. MEHROTRA VS. LUCKNOW DEVELOPMENT AUTHORITY [LAWS(ALL)-2017-5-42] [REFERRED TO]
DAVENDRA SINGH AND ORS. VS. STATE OF U.P. THRU. P.S. HOME DEPT. AND ORS. [LAWS(ALL)-2010-4-381] [REFERRED TO]
DAVENDRA SINGH AND ORS. VS. STATE OF U.P. THRU. P.S. HOME DEPT. AND ORS. [LAWS(ALL)-2010-4-381] [REFERRED TO]
NANDI ENGINEERING VS. STATE OF KARNATAKA [LAWS(KAR)-2015-2-312] [REFERRED TO]
ALKESH TRIPATHI VS. POWER GRID CORPORATION OF INDIA LTD [LAWS(MPH)-2014-9-26] [REFERRED TO]
J.DEEPAK VS. SECRETARY [LAWS(MAD)-2021-11-6] [REFERRED TO]
NTPC LIMITED VS. STATE OF KERALA [LAWS(KER)-2014-10-14] [REFERRED TO]
G A SRIDHAR VS. UNION OF INDIA [LAWS(MAD)-2007-11-38] [REFERRED TO]
MUSHTAQ AHMAD WANI VS. STATE OF J&K [LAWS(J&K)-2008-4-42] [REFERRED TO]
T.N. NATARAJAN VS. THE STATE OF TAMIL NADU AND ORS. [LAWS(MAD)-2016-1-113] [REFERRED TO]
T NARAYANAN VS. DISTRICT EXECUTIVE MAGISTRATE-CUM-DISTRICT COLLECTOR [LAWS(MAD)-2008-4-278] [REFERRED TO]
GAUKARAN SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2008-6-12] [REFERRED TO]
KULWANT SINGH AND ORS. VS. STATE OF U.P. THRU. P.S. HOME DEPT. AND ORS. [LAWS(ALL)-2010-4-380] [REFERRED TO]
DAUD AHMAD VS. STATE OF U P [LAWS(ALL)-2010-12-38] [REFERRED TO]


JUDGEMENT

- (1.)This appeal is directed against the judgment of the Division Bench of the Calcutta High Court delivered in FMAT No.6 of 1997 dated 10th October, 2002.
(2.)The appellant is aggrieved by the Notification under Section 4 and declaration under Section 6 of the Land Acquisition Act, 1894 dated 13th December, 1994 and 23rd June, 1995 respectively published and made by the Government of West Bengal in respect of premises no.4, Pretoria Street, Calcutta measuring more or less 0.0988 hectare (0.2441 acre).
(3.)The appellant had challenged the said notification by filing a writ petition before the Calcutta High Court. The learned Single Judge had allowed the writ petition and quashed the notification. The said notification under section 4 reads as under:
"NOTIFICATION Calcutta No.4364-LA(PW)/3P-21/94/Home (Police) Dated, Calcutta the 13th December, 1994 WHEREAS it appears to the Governor that land is likely to be needed for a public purpose not being a purpose of Union namely for permanent accommodation of office-cum-residence of Dy. Commissioner of Police Security Control under Commissioner of Police, Calcutta, Home (Police) Deptt. Government of West Bengal in Police Station District Calcutta Ward No.63 of Calcutta Municipal Corporation, it is hereby notified that a piece of land comprising Western portion of premises No.4, Pretoria Street, Calcutta and measuring more or less 0.0988 hectare (0.2423 acre) and bounded as specified below:-
North by : Pretoria Street East by Remaining portion of Premises No.4, Pretoria Street. South by : Premises No.5, Pretoria Street West by : Premises Nos.12 & 15, Lord Sinha Road is likely to be needed for the aforesaid public purpose at the public expense within the aforesaid Ward of the Calcutta Municipal Corporation in the City of Calcutta. This Notification is made, under the provisions of Section 4 of Act I of 1894 to all whom it may concern. A plan of the land may be inspected in the Office of the First Land Acquisition Officer, Calcutta, at No.5, Bankshall Street, Calcutta 700 001. In exercise of the powers conferred by the aforesaid Section, the Governor is pleased to authorise the Officers for the time being engaged in the undertaking, with their servants and workmen, to enter upon and survey the land and do all other acts required or permitted by that section. Any person interested in the above land, who has any objection to acquisition thereof, may within thirty days after the date on which public notice of the substance of this Notification is given in the locality, file an objection in writing before the First Land Acquisition Collector, Calcutta, at No.5, Bankshall Street, Calcutta-700 001. By Order of the Governor T.N. Khan Deputy Secretary to the Govt. of West Bengal."
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