Bankim Chandra Ray, J. - (1.) This is an appeal against the judgment and order of B.N. Banerjee, J. dated March 15, 1965 in Civil Revision Case No. 2240 of 1958. The facts as stated in the petition are as follows. The. petitioner had been the owner of land described in Schedules A and B to the petition which were the subject matter of acquisition in L.A. Case No.7 of 1950-51 under sections 4 and 6 of the West Bengal Land Development and Planning Act, 1948 (hereinafter referred to also as 1948 Act) for the purpose of settlement of immigrants who had migrated into the State of West Bengal. The petitioner challenged the said acquisition by an application under Article 226 of the Constitution leading to C.R. No. 3167 of 1951. This rule was discharged on July 25, 1952, but an appeal was preferred therefrom being F.M.A. No. 255 of 1952. The said appeal was disposed of on March 2, 1955 in terms of a petition of settlement filed in Court on that date. The relevant order is as follows: "By consent the appeal is disposed of in terms of settlement signed by the Advocates for both the parties in Court to-day. The terms of settlement will form part of the order drawn." Terms of settlement referred to above are as follows : Terms of settlement 1. The appellant agrees and the respondents confirm the acquisition of lands described in the Schedules A and B below belonging to the appellant. 2. The respondents agree and undertake to acquire the balance of the land including homestead, orchards etc. described in the schedules B-l and C below. 3. The respondents undertake to this Hon'ble High Court to make and publish duly an award for the compensation for the lands so acquired as hereinbefore described (more fully described in Schedules A, B, B1 and C hereunder) under the Land Acquisition Act as speedily as possible with requisite notice to the appellant. 4. The appellant agrees to deliver and the respondents agree to take amicable possession of the lands described in Schedules B1 and C below immediately. 5. The respondents undertake that the acquisition proceedings and the award thereunder will be completed at an early date. 6. Subject to above terms the appeals shall stand dismissed. Parties to bear their respective costs throughout.
(2.) The respondents delayed the matter and started a proceeding for an award for compensation in respect of lands of Schedules A and B, the acquisition of which was confirmed in the aforesaid terms of settlement without taking steps for acquisition of lands of Schedules B (1) and C. An award was made in the meantime for lands of Schedules A and B but it was not disclosed if the award was made under the Land Acquisition Act, 1894 or 1948 Act. The petitioner however made a reference under Section 18 of the Act which was pending. Thereafter on the representation of the petitioner the Government made a notification dated January 20. 1956 under section 4 of the Land Acquisition Act, 1894 for the purposes of acquiring the said lands of Schedules B (1) and C in terms of the settlement referred to above. The said notification however was not followed by any declaration under section 6 of the said Act. Curiously the Government published a notification dated May 18, 1957 cancelling the said notification under section 4 in respect of B (1) and C schedules lands without assigning any reason.
(3.) Soon thereafter the Government published a fresh notification dated May 21, 1957 under section 4 of the 1948 Act stating that the lands described therein being lands of schedules B (1) and C were likely to be needed for a public purpose, viz for settlement of immigrants who had migrated into the State of West Bengal on account of circumstances beyond their control. This notification, it was contended, was not bonafide and legal as thereby the Government was trying to avoid payment to the petitioner of due compensation under the Land Acquisition Act to which the Government agreed in terms of the settlement in the said appeal. This impugned notification was in breach of the settlement as also of the order passed thereon by this Court in the said appeal.;