Judgment

 Patanjali Sastri, C.J.I.. : This is an appeal from a judgment of the High Court of Judicature at Calcutta declaring certain provisions of the West Bengal Land Development and Planning Act. 1948 (hereinafter referred to as the "impugned Act") unconstitutional and void.

2. The impugned Act was passed on October 1, 1948, primarily for the settlement of immigrants who had migrated into the Province of West Bengal due to communal disturbances in East Bengal, and it provides for the acquisition and development of land for public purposes including the purpose aforesaid. A registered Society called the West Bengal Settlement Kanungoe Co-operative Credit Society Ltd., Respondent No. 4 herein, was authorized to under-take a development scheme, and the Government of the State of West Bengal, the appellant herein, acquired and made over certain lands to the Society for purposes of the development scheme on payment of the estimated cost of the acquisition.

On July 28, 1950, the Respondents 1 to 3, the owners of the lands thus acquired, instituted a suit in the Court of the Subordinate Judge, II Court at Alipore, District 24-Parganas, against the Society for a declaration that the impugn