AMIYA KUMAR MUKHERJEE Vs. ST F W B

JUDGEMENT

(1.) IN this Petition under Article 226 of the Constitution of India, the validity of the orders of requisition dated 19-1-63, under the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as 'the Act'), which are reproduced at Anxs. A-A (l) of the Petition, has been challenged on two grounds.

(2.) THE first is that the statement of the public purpose in the order is vague and shows that the. authority concerned did not apply his mind to the matter, inasmuch as the alternative classes of public purpose, which are printed in the form of the order, were not struck out in order to refer to the particular class to which the relevant object of requisition. In order to appreciate this point, it is necessary to refer to the first paragraph of the impugned order at Anx, A, which is as follows:-"whereas in my opinion it is necessary for the purpose of maintaining Supplies and Services essential to the life of the community providing proper facilities for transport / communication / irrigation / drainage, viz. , for Khamargachi feeder Road, C. D. R. from S. T. K. K. Road (length of 47 cbs.) to requisition the lands described in the schedule below. "

(3.) THE original of the order served on the Petitioner, which was produced before me on behalf of the Petitioner, also shows that the alternatives of the several purposes, such as transport, communication etc. , have not been struck out even in that original. Nevertheless, I cannot hold that the authority did not apply his mind to the specific purpose, because that purpose, namely, the construction of the Khamargachi Road, is clearly stated in the order, with sufficient particulars. In view thereof, the fact that the alternative recitals have not been penned through in the form of the order cannot lead to the conclusion that the statutory authority did not apply his mind to the purpose or that the resultant order was a colourable exercise of his power.