JUDGEMENT
Jayanta Kumar Biswas, J. -
(1.) The petitioner is questioning the land acquisition proceedings after receipt of the notice dated August 9th, 2006 issued by the Collector fixing date for taking possession of the property.
(2.) In connection with construction of Shalimar New Coaching Complex, Howrah the proceedings were initiated. The acquisition became necessary for construction of the access road to the complex. Notification under section 4 of the Land Acquisition Act, 1894 was published in the official gazette on September 29th, 2004.
(3.) In exercise of powers conferred by Section 17(4) it was directed that provisions in Section 5A would not apply to the lands. It was stated that in the opinion of the authority provisions in Section 17(1) were applicable Declaration under Section 6 dated December 26th, 2005 was published. After following the provisions in Sections 7 and 8 the Collector issued notice under Section 9 dated May 12th, 2006. Thereafter the impugned notice was issued.;
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