JATINDRA NATH MOUR & ORS. Vs. ADDITIONAL DISTRICT MAGISTRATE, HOWRAH & ORS.
LAWS(CAL)-1976-11-37
HIGH COURT OF CALCUTTA
Decided on November 30,1976

JATINDRA NATH MOUR And ORS. Appellant
VERSUS
ADDITIONAL DISTRICT MAGISTRATE, HOWRAH And ORS. Respondents

JUDGEMENT

Manash Nath Roy, J. - (1.)The petitioners, who are co-shares and purchased some properties obtained the Rule against an order of requisition under section 3(1A) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as the said Act,), made in case No. 84 (Act II) of 1972-73. The said order is at Annexure 'B'.
(2.)They have contended to have purchased the properties (hereinafter referred to as the sain properties) from others who had lawful title to them. It has been further contended that the said properties were duly recorded in their names in the finally published record-of-rights as well as in Revisional Settlement operations. There is also no dispute that the said properties are situate on the eastern side of Mandaria Khal (hereinafter referred to as the said Khal) in the village of Mandaria and the water form the same is discharged to the river Damodar, which is to the south of the said properties.
(3.)The said properties were initially sought to be requisitioned under the provisions of the said Act in case No. 17 (Act II) of 1972-73 for the purpose of providing proper facilities for transport and communication viz., for silt clearance of Mandaria Khal. Against the said order, some of the petitioners obtained Civil Rule No. 543 (W) of 1973, contending that notice under section 3(1)(a) and 5 were not served on them and the plots sought to be so requisitioned, were not required for the purpose of silt clearance of the said Khal. The validity, bonafide and the purpose of the said proceedings was also challenged. It was also contended that the lands in question were not in the bed of the said Khal and the purpose in question was certainly not for widening the same. The said Civil Rule, it appears has been dispose of on Sept. 8, 1975 by directing that the authorities concerned should not excavate the leads in question without serving any notice under the said Act.
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