KRISHNALAL SADHU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal from an Order of G.K. Mitter, J. dated the 27th August 1959 discharging a Rule issued under Article 226 of the Constitution.

(2.) The appellant No. 1 Krishnalal Sadhu (since deceased) and the appellants Nos. 2, 3 and 4 were the owners of C. S. plots Nos. 5246, 5248, 5249 and 5250 of mouza Chinsurah in the district of Hooghly measuring more or less 13 eottahs or Order 271 acres of land. On the 9th June 1946 a notification was issued under Section 4 of the Land Acquisition Act for acquisition of the said plots. In the said notification it was stated that the said plots were likely to be required to be taken by Government partly at the public expense and partly at the expense ot Chinsurah Balika Bani Mandir H.E. School for a public purpose, namely, for a playground and hostel for students and teachers of the said Institution. After the issue of the said notification objections were invited under Section 5-A of the Land Acquisition Act. The appellant Krishnalal Sadhu preferred objections. The Laud Acquisition Officer held an enquiry and after certain proceedings and correspondence a declaration under Section 6 of the Land Acquisition Act was published on the 13th July 1950. On the 1st June 1951 the appellants moved this Court under Article 226 of the Constitution and a Rule was issued being Civil Rule No. 1209 of 1951. On the 24th July 1953 this Rule came up for hearing before me sitting singly and the only ground that was argued at the time was that the acquisition was not a bona fide one. This Rule was discharged by me and against this Order an appeal was preferred being Appeal from Original Order No. 144 of 1954. This appeal came up for hearing before a Division Bench of this Court presided over by Chakravortti, C. J. and A.K. Sarkar, J. on the 9th February 1956 but the said appeal was dismissed. On the 21st June 1957 two notices were issued by P. Dutta, Magistrate, Second Class, Chinsurah, intimating that possession of the land and homestead in plot Nos. 5246, 5248, 5249 and 5250 in mouza Chinsurah which had been acquired by the Government in L. A. Case No. V-II of 50-51 will be taken on the 26th June 1957. One of such notices was addressed to the appellant No. 1 Krishnalal Sadhu and the other notice was addressed to the appellants Nos. 2, 3 and 4 and they were directed to deliver vacant possession on the date fixed in the notice. In the notice addressed to respondents Nos. 2, 3 and 4 respondent No. 2 was described as insane and respondents Nos. 3 and 4 as minors represented by guardian Sri Krishnalal Sadhu. It is alleged in the petition that since dismissal of the appeal on the 9th February 1956 up to the issuing of the notice dated the 21st June 1957, no steps had been taken by the Government and the appellants continued in possession of the plots in question but on the 26th June 1957 the respondents came with Police Force to take possession, but they were not successful in taking possession. Thereafter the appellants again moved this Court under Article 226 of the Constitution challenging the legality of the two notices dated 21st June 1957 on several grounds and besides the original petition affirmed on the 28th June 1957 the appellants also filed a supplementary petition affirmed on the 5th July 1957 in support of the application under Article 226 of the Constitution. On the 8th July 1957 Sinha, J. issued a Rule Nisi limited to grounds Nos. I and III as set out in paragraph 37 of the original petition. The said grounds are as follows :-

(3.) The respondents to this petition were State of West Bengal (No. 1) Collector of Hooghly (No. 2), Land Acquisition Collector, Hooghly (No. 3), Acting Head Mistress and Secretary, Chinsurah Balika Mandir (No. 4) and Second Class Magistrate, Chinsurah (No. 5).