- (1.) This is an application under xfor an appropriate Writ for cancellation of certain notifications issued under the West Bengal Land Development and Planning Act, 1948, and for a direction upon the respondents to forbear from interfering with the petitioner's lands covered by the said Notifications. The Petitioner is the owner of certain C. S. Plots bearing numbers 535 and 536 in Mouza Guchuria within the jurisdiction of Police Station, Barasat, in the; district of 24 Parganas. It is allged that the petitioner's said lands were notified for acquisition in Land Acquisition Act Case No. 23 of 1946-47 in connection with a Railway Colony Scheme at Madhyamgram but ultimately the said lands were released from acquisition. It. is alleged that for some time past, certain refugees from Pakistan have been trespassing, upon the petitioner's lands purporting to act. under the authority of the Government of West Bengal and the Collector of 24 Parganas and they are causing excavations on the lands, cutting down trees and bamboo clumps and doing diverse other acts causing damage to the said lands. On the 30th of July 1950, there were published in the Calcutta Gazette of that date two Notifications, one bearing No. 7268 L. Dev. dated the 29th June 1950, purported to be issued under Section 4 of the Bengal Land Development and Planning Act and the other bearing No. 7270 L. Dev. dated the 29th June, 1950 purported to be issued under sections 6 and 7 of the said Act. These two Notifications were issued under the said Sections of the said Act for the purpose of acquiring the said two plots of lands belonging to the petitioner. Thereafter, two other Notifications both dated 30th October 1950 and bearing Nos. 11838 L. Dev. and 11838 L. Dev. were purported to be issued under Section 4 and Section 6 read with Section 7 respectively in respect of the said two plots of lands of the petitioner along with other lands. These two Notifications were published simultaneously in the Calcutta Gazette dated the 16th November, 1950.
(2.) It appears from the Notification No. 11838 L. Dev. that the C. S. Plot No. 535 is omitted from that Notification but this omission is obviously a mistake because the area given in the Notification No. 11836 tallies exactly with the area given in the Notification No. 11838 L. Dev. Thereafter, on the 2nd December 1950, the petitioner applied to the land Acquisition Collector for release of his lands from the purported acquisition. It is alleged that on the 30th January 1951, the Land Acquisition Collector visited the place for the purpose of an enquiry and on the 19th November 1951, the Land Acquisition Officer also visited the plots in question and although as a result of the enquiry, the said officers are alleged to have promised to release the lands of the petitioner, no steps were however taken in that direction. Thereafter on the 7th March 1951, and 11th March, 1951, the petitioner wrote two letters to the Government asking for redress. Having received no reply, the petitioner moved this Court and obtained a Rule Nisi on the 14th March, 1951.
(3.) It appears that after the Rule was issued, by a Notification No. 7782 L. Dev. dated the 15th June 1951, and published in the Calcutta Gazette of the 5th July 1951, (Part I Page 1655), the Government cancelled so much of the Notification No. 11836 L. Dev. under Section 4 of the Act XXI of 1948 as related to the petitioner's said two plots and also other plots mentioned in the said Notification.;