B.N.Banerjee, J. - (1.) The petitioner, Pramatha Nath Talukdar, is the owner of Plot No. 125, measuring .16 acres, in Mouza Ukhila-Paikapara, District 24-Parganas.
(2.) By a notification, dated July 22, 1961, about 14.11 acres of land, including the aforesaid plot belonging to the petitioner, was notified for acquisition, under Section 4 of the Land Acquisition Act (1 of 1894). A material portion from the said notification is set out below : "Whereas it appears to the Governor that land is likely to be needed for a public purpose rot being the purpose of the Union, namely, for construction of staff quarters, hostel building and play ground of the Ramkrishna Mission, in the village of Ukhila Paikapara, jurisdiction list No. 56, Police Station Sonarpur, District 24-Parganas, it is hereby notified that a piece of land comprising Cadastral Survey plots (numbers of plots set out in the notification omitted) and measuring more or less 14.11 acres, is likely to be needed for the aforesaid public purpose at the expense of the Ramkrishna Mission, within the aforesaid village Ukhila-Paikapara."
(3.) Ram Krishna Mission (hereinafter referred to as the Mission) is a society registered under the Societies Registration Act (21 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 Ramkrishna 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. It is undisputed that of late the Mission has acquired, by private purchase or by acquisition under the Land Acquisition Act, a very large tract of land at a place called Narendrapur, almost contiguous to the plots under acquisition in the present proceeding, and has already utilised part thereof in the construction of educational institutions and play grounds etc.;