Sinha, J. - (1.) The facts in this case are shortly as follows :
(2.) The petitioner and his co-sharers were the proprietors of premises No. 20 Jadulal Mullick Road, Calcutta, being a five-storeyed house constructed on land of the approximate area of 4 cottahs 10 chattaks. The house was constructed in 1948, and the petitioner Gurudas Sana had 1/3rd share in the same. In or about 1951, the petitioner filed a suit in this Court for partition of the joint estate, being Suit No. 901 of 1951. On the 19th February, 1952 a decree was passed therein whereby it was declared that the said premises are incapable of partition by metes and bounds and so it was to be sold by a Commissioner under the provisions of the Partition Act, by public auction to the best purchaser, with liberty to the parties to bid at such sale. Under the said decree, two solicitors of this Court were appointed joint Commissioners and Receivers for the purpose of carrying out the directions in the decree. On the 4th February, 1953 they advertised sale of the property to take place on the 7th March, 1953. The Ram Krishna Mission, a well-known religious and charitable institution, had an office contiguous to the premises at 18, Jadulal MuIIick Road. By letter dated the 17th January, 1953 it made an offer to the joint Commissioners to purchase the said premises No. 20, Jadulal Mullick Road, by private treaty, for a consideration of Rs. 2,50,500. It is stated that the Commissioners were willing to accept the offer but the parties objected and on 'the 22nd January, 1953 the Mission was informed that the offer could not be accepted. Thereafter, the premises were put up for sale by public auction on the 7th March, 1953 and the petitioner Gurudas Sana, made the highest bid, viz., Rs. 2,50,000, which was accepted. The petitioner then entered into an agreement with the Joint Commissioners. Prior to the sale, however, a notification was published under Section 4 of the Land Acquisition Act, being Notification No, 2860 L. A. dated 11-2-53 in the Calcutta Gazette (Extraordinary) dated the 11th February, 1953. A copy of this notification is annexed to the petition and marked with the letter 'B'. The relevant part of the notification runs as follows: "Whereas it appears to the Governor that the land is likely to be required to be taken by Government at the expense of the Ram Krishna Mission for the expansion of the Students Home known as Ram Krishna Mission Asram in ward No. V of the Calcutta Municipality of the city of Calcutta, it is hereby notified that for the above purpose a piece of land comprising premises No. 20, Jadulal Mullick Road, Calcutta..... is likely to be required within the aforesaid Ward No. V of the Calcutta Municipality in the city of Calcutta ..... in exercise of the powers conferred by the aforesaid section, Government is pleased to authorise the officers for the time being engaged in the undertaking, with their servants and workmen to enter upon and survey the land and do all other acts required or permitted by this section....."
(3.) A copy of this notification was served on the petitioner on the 20/29th February, 1953, calling upon him to file an objection in writing within 30 days. On or about the 12th March, 1953 the petitioner filed his objection. On the 11th April, 1953 a declaration bearing No. 7280 L. A. dated the 10th April, 1953 was published in the Calcutta Gazette (Extra-ordinary) under the provisions of Section 6 of the Land Acquisition Act. The relevant provisions thereof are as follows : "Whereas it appears to the Governor that land is required to be taken by Government at the expense of Ram Krishna Mission, for the expansion of the Students Home known as Ram Krishna Mission Asram in Ward No. V of Calcutta Municipality in the city of Calcutta, it is hereby declared that for the above purpose a piece of land comprising premises No. 20, Jadulal Mullick Road..... is required within the aforesaid Ward No. V of the Calcutta Municipality in the city of Calcutta.....";