JUDGMENT

FAZAL ALI, J.:— This appeal is directed against a judgment dated May 3, 1966 of the Calcutta High Court quashing the acquisition proceedings taken as also the notification made by the State of West Bengal under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) in respect of the lands in dispute which comprised .73 acres in village Kanpura, P. S. Dum Dum.

2. Although the case had a rather chequered career and was preceded by a full-fledged litigation starting from the trial court and ending with the High Court regarding the question of title, we are not, however, concerned with the past history in view of the short point on the bais of which the appeal was decided by the Division Bench of the High Court. The case of the Government was that on December 16, 1949, respondent No. 2 known as Calcutta Mineral Supply Company having its office at 31, Jackson Lane. Calcutta, applied to the Collector for acquiring the land in question in order to extend its business. The company was carrying on the business of manufacturing sodium silicate, plaster of paris, etc., which were formerly imported on a very large scale from foreign countries. The manufac