JUDGMENT

KHALID, J. :— This is an appeal, by certificate, against the judgment of a Division Bench of the Calcutta High Court reversing the Judgment of a learned single Judge. The matter relates to land acquisition proceedings. The Collector of 24 Parganas and others are the appellants.

2. Under Section 4 of the West Bengal Land Development and Planning Act, 1948 (West Bengal Act XXI of 1948) (for short, the Act), a notification dated March 28, 1957 was issued in relation to property, being C. S. Plots Nos. 84 and 86, belonging to the respondents. Declaration, under Section 6 of the Act, dated January 4, 1962, followed. The earlier notification stated that the above plots along with certain other plots were likely to be needed for a public purpose viz. for the resettlement of immigrants who have migrated into the State of West Bengal on account of circumstances beyond their control. The area involved in the proceedings in 3.85 acres, in extent. It appears that the respondents in this case; the owner of the land, discovered after receipt of notice of acquisition, on inspection of records at the office of the Special Land Acquisition Officer, Alipore, that the land was required not fo