KALI PROSAD PODDAR Vs. ADDL. DISTRICT MAGISTRATE, HOWRAH & ORS.
LAWS(CAL)-1976-7-41
HIGH COURT OF CALCUTTA
Decided on July 15,1976

KALI PROSAD PODDAR Appellant
VERSUS
ADDL. DISTRICT MAGISTRATE, HOWRAH And ORS. Respondents


Referred Judgements :-

TRIPURA MODERN BQNK LTD. V. BANSEN AND CO. [REFERRED TO]
A. M. ALLISION V. B. L. SEN [REFERRED TO]
S.M. NANDY V. THE STATE OF WEST BENGAL [REFERRED TO]
GOVERNMENT OF MYSORE VS. J V BHAT [REFERRED TO]
DINA NATH PATI VS. UPENDRA NANDAN DAS MAHAPATRA [REFERRED TO]


JUDGEMENT

- (1.)In this application, the petitioner Kali Prasad Poddar challenges an order of requisition of a plot of land in Mouza Kamranga in the district of Howrah. The order has been passed under sub-section (1A) of Sec. 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as 'the Act'), The impugned order was passed by the Additional District Magistrate, Howrah, requisitioning the land mentioned above for the establishment of a Maternity-cum-Child Welfare Centre with indoor beds. The petitioner obtained the present Rule principally on the allegation that, though he is the owner of the land in question, no notice under Sec. 3(2) of the Act was served on him. He alleges that he came to know from his brother Debi Prosad Poddar on whom notice was served that the order of requisition has been passed.
(2.)Mr. Sanjoy Bhattacharyya, learned Advocate appearing on behalf of the petitioner strenuously contended before me that there has been no service of notice under Sec. 3(2) of the Act on the petitioner and consequently the order of requisition would not be validly enforced in respect of the land in question.
(3.)In order to appreciate the contention it is necessary to set out Sec. 3(2) of the Act which is as follows; -
"An order under sub-section (1) shall be served in the prescribed manner on the owner of the land and where the order relates to land in occupation of an occupier, not being the owner of the land, also on such occupier".

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