- (1.) This mandamus appeal is directed against the judgement and/or order passed by the Learned Single Judge of this court on 20th April, 2011 in W.P. No. 5419(W) of 2005 at the instance of the appellant who was respondent No. 10 in the writ proceeding. The legality of the land acquisition proceeding bearing L.A. Case No. IV-10/2003-04 initiated under the provisions of the Land Acquisition Act 1894 for acquisition of 20.70 acres of land lying and situated at Mouza Bangihati P.S. Sreerampore, District- Hooghly was challenged in the writ petition filed by the owners of the said land on various grounds such as:- "i) The mandatory provision of Rule 4 of the Land Acquisition (Companies) Rules 1963 has not been complied with, and ii) Objection under section 5A of the said Act was rejected by the Land Acquisition Collector mechanically without considering the objection submitted by the land owners against the proposal for acquisition of the said land before the concerned authority, etc."
(2.) The legality of the publication of declaration under section 6 of the Land Acquisition Act, 1894 was challenged in the said writ petition. The Learned Trial Judge was pleased to allow the writ petition by quashing the land acquisition proceeding by holding that the entire land acquisition proceeding for acquiring the said land of the petitioner was vitiated due to non-compliance of the mandatory provisions of Rule 4 of the said Rule.
(3.) The present mandamus appeal is directed against the said judgement and/or order passed by the Learned Trial Judge.;