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1997 Supreme(SC) 927

D.P.WADHWA, K.RAMASWAMY
W. B. Housing Board – Appellant
Versus
Bhanwar Lal Mundhra – Respondent


JUDGMENT

D.P. Wadhwa, J.-Special leave granted.

2. This appeal is directed against the judgment dated June 7, 1996 of a Division Bench of the Calcutta High Court, which judgment was passed in appeal against the judgment dated April 18, 1994 of the learned Single Judge allowing the writ petition of the first respondent. This was however the second round of litigation between the parties.

3. The first respondent who was the petitioner sought quashing of the earlier order dated December 21. 1981 passed by the Collector and Additional District Magistrate, Hooghly under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (for short the Act) requisitioning 0.63 acres of land of the petitioner bearing plot No. 1790 Mouza Monoharpur, J.L. No. 93 in the district of Hooghly. In terms of this order the possession of the land has taken over on January 7, 1982. As a matter of fact the order of requisition pertained to 21.41 acres of land of various plot numbers which included the plot of the petitioner. The report of the process server shows that the notice requisitioning the land was served by means of affixation with seal and the signatures of witnesses, by going to the















































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