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2001 Supreme(SC) 1233

V.N.KHARE, B.N.AGARWAL
Niladri Narayan Chandradhurja – Appellant
Versus
State Of W. B. – Respondent


JUDGMENT

V.N.KHARE, J.

(1) A large tract of land was proposed to be acquired by the State of West Bengal. Consequently, a notification dated 23/06/1954 was published on 8/07/1954 under section 4 of the Land Acquisition Act (hereinafter referred to as the Act). The land of the appellants was covered by the aforesaid notification issued under section 4 of the Act. Subsequently, the said notification was followed by a notification under section 6 of the Act, issued on 19/07/1954. It is relevant to mention here that in the notification under section 6 of the Act, the provisions of sub-sections (1) and (4) of section 17 were also applied, with the result the state was free to take possession without delivery of the award by the land acquisition officer. In view of the application of sub-sections (1) and (4) of Section 17 of the Act, the State of West Bengal took possession of the land on 23/02/1955. After taking possession, the land acquisition collector gave an award on 1/02/1956. In between time, the State of West Bengal enacted the Act, known as the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the Estates Act), which came into force on 12


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