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1980 Supreme(SC) 377

S. MURTAZA FAZAL ALI, Y. V. CHANDRACHUD, A. D. KOSHAL
Land Acquisition Collector – Appellant
Versus
Durga Pada Mukherjee – Respondent


Advocates:
B.SEN, D.N.MUKHERJI, G.S.CHATTERJEE, M.K.D.NAMBUDIRY, S.BALAKRISHNAN

JUDGMENT

KOSHAL, J.:— By this judgment we shall dispose of Civil Appeals Nos. 143 to 147 of 1970, all five of which have been filed by certificates granted under Article 133 (1) (a) of the Constitution by the High Court of Calcutta and are directed against its common judgment dated the 17th February, 1967 accepting five Letters Patent Appeals and, in reversal of the judgment of a learned single Judge, issuing a writ of mandamus directing the Land Acquisition Collector, Burdwan and the State of West Bengal to cancel or withdraw a notification dated November 3, 1961 and another containing a declaration dated June 20, 1963 issued under Sections 4 and 6 of the Land Acquisition Act (hereinafter referred to as the Act) respectively.

2. The facts leading to the litigation covered by the appeals before us may be briefly stated. On February 12, 1960 a notification (later in this judgment called the first notification) was issued by the Government of West Bengal under Section 4 of the Act stating that a piece of land delineated in the plan available in the Office of the Special Land Acquisition Officer, Burdwan, as well as in that of the Director of M/s. Sen Raleigh Industries India Ltd. (her



















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