Decided on September 21,1976

PADMA LTD Appellant


- (1.)THIS is an appeal against the judgment and order of Chittatosh Mukherjee, J. dated March 12, 1973 whereby the connected Rule was discharged.
(2.)THE relevant facts are as follows: on or about March 30, 1963 the Board of Trustees for the Improvement of Calcutta, in pursuance of an earlier proposal, and, after considering the Inspection Report of its Alignment committee, at their meeting on March 30, 1963 resolved that a street scheme for widening of Prince Anwar Shah Road from its junction with Russa Road to its junction with Raja Subodh Mullick Road (Gariahat Road) be prepared as recommended by the Committee. It was further resolved that survey be made for framing a General Improvement Scheme for the areas situated on either sides of Prince Anwar Shah Road for purpose of improvement. Thereafter on December 14, 1963 the Board after considering the joint report of the Chief Valuer and the Chief Engineer decided that General improvement Scheme be framed for (i) the improvement of communications by widening Prince Anwar Shah Road to a width of 100 ft. except near junction of Subodh Mukherjee Road where the width was to vary from 84 ft. to 90 ft. on account of substantial pucca-built houses; (ii) the improvement of the areas situated on either side of Prince Anwar Shah Road by widening of the existing roads and provision of new roads for improving access and communications to such localities, provision for parks and open spaces and the development of vacant and low-lying lands. Under this scheme known as Scheme No. 1l4b (Prince Anwar Shah Road), the entire premises No. 357, Prince Anwar Shah Road was notified for acquisition.
(3.)NOTICE under section 43 of the Act was published in the Calcutta Gazette, and local newspapers in March 1957 in respect of the said scheme No. 114b (Prince Anwar Shah Road ). Thereafter in or about March 16, 1971 notices under section 45 of the Act were issued to the respective owners and occupiers of the concerned premises inviting objections to the proposed acquisition of lands, including land of premises No. 357, Prince Anwar Shah Road. No objection was received from the petitioner but objections filed by others were considered by the Objection Committee appointed for the purpose. The recommendation of the Committee was considered by the Board which adopted the scheme with modifications suggested by the Committee and the particulars and estimate prepared by their Chief Valuer and Chief Engineer were approved by the Board and Government thereafter was moved for sanction of the Scheme. The Government of West Bengal under section 49 (1) of the Act sanctioned the said Scheme known as the General Improvement Scheme No. 114b Prince Anwar Shah Road as submitted by the Board as aforesaid subject to the modification that width of the road was not to be reduced below 60 feet at any point. The sanction of Government dated March 12, 1970 was published in the Calcutta Gazette extra-ordinary on March 13, 1070.

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