Judgment

SHAH J. : The appellants are lessees of a plot of land No.1A, Cornfield Road in the town of Calcutta. Bharat Sevashram Sangha (hereinafter called: the Sangha ) a society registered under the Societies Registration Act, of 1860 with its head office at 211, Rash Behari Avenue, Calcutta formed for the purpose of carrying on religious, philanthropic and charitable activities submitted an application on October 20, 1954 to the Government of West Bengal to acquire 12 cottas of land out of Plot No. 1-A, Cornfield Road, alleging that the land was required by the Sangha "for efficient running and expansion of a charitable dispensary" of the Sangha. A notification under S. 4 of the Land Acquisition Act, 1894 ,was issued by the Government of West Bengal on December 9, 1954 declaring that "for the purpose of extension of the charitable dispensary in the interest of the suffering public" a piece of land comprising a portion of premises No. 1-A, Cornfield Road, and measuring 0.1963 of an acre was likely to be acquired.

2. On October 20, 1956 the Government of West Bengal cancelled that notification and issued a fresh notification reciting that it appeared to the Governor that whereas la