Judgement

JUDGMENT:- This appeal by special leave arises from the judgment of the Division Bench of the Calcutta High Court dated July 26, 1979 made in C. R. No 2030 (W) of 1978. The admitted facts are that a resolution was passed by the appellant-municipality for rehabilitation of the hawkers by acquiring the land in question. By that date the municipality did not have sufficient funds to meet the acquisition costs. As a consequence, the hawkers union was requested to contribute the fund to meet acquisition costs. In furtherance thereof, the hawkers union deposited with the municipality a sum of Rs. 3,90,000/- for the acquisition of the land. The said amount was credited to the funds of the municipality. Thereafter a reference was made to the Government requesting to acquire the land. In furtherance thereof, the Government issued notification under Section 4 (1) of the Land Acquisition Act, 1894 (1 of 1894) (for short, the Act) on August 1, 1974 and acquired the plots of land bearing Nos. 412 to 426, 497, 2400 to 2407 admeasuring about 4. 717 hectares of the land in the village Kantalpura, P. S. Nahati Municipality. Declaration under Section 6 came to published on November 9, 1976.