A.Kabir, J. - (1.) Claiming to be a co-owner by purchase, the respondent No. 1 filed a writ petition, being W. P. No. 19158 (W) of 1998, challenging the Requisition and subsequent Acquisition of R.S. Plot No. 462, pertaining to Khatian No. 276 of Mouza - Mandalganthi, P.S. Rajarhat, District - 24 Parganas (North) on several grounds.
(2.) It was firstly contended that the requisition and acquisition proceedings in respect of the plot in question had been commenced and completed without notice to the petitioner, who was one of the co-owners therein. It was also contended that the requisition and acquisition of the plot in question was not for any public purpose within the meaning of sections 3 and 4 of the West Bengal Land (Requisition and Acquisition) Act, 1948, hereinafter referred to as "Act II of 1948".
(3.) The third ground taken on behalf of the writ petitioner was that the order of requisition was bad since the object of such requisition was of a permanent and perennial nature, although, the aforesaid Act was enacted to meet only a temporary need. It was contended that the Acquisition proceedings following the requisition was wholly mala fide and amounted to a fraud upon the statute.;