Judgement

Appeal (No. 116 of 1920) from a judgment and decree of the High Court (February 27, 1920) affirming a decree of the District Judge of 24 Parganas, which reversed a decree of the Subordinate Judge.

The suit was brought by the appellants for a declaration that the respondent municipal corporation was not competent to acquire certain land in Calcutta, the property of the appellants, and for an injunction. The material facts, and the relevant provisions of the Calcutta Municipal Act (III. of 1899, Ben.) appear from the judgment of the Judicial Committee.

The Subordinate Judge of 24 Parganas, who tried the case, made a decree substantially as prayed. On appeal to the District Court that decree was set aside, and the suit dismissed. The District Judge held that a declaration made by the Governor on September 6, 1915, under the Land Acquisition Act, that the land was required for a public purpose was conclusive against the plaintiffs. He was also of opinion that under the Calcutta Municipal Act, 1899, the corporation had power to acquire the land. On

Law Rep. 49 Ind. App. 255 ( 1921- 1922) Amulya C handra Banerjea V. C orporation of C alcutta

100

a further appeal to the High Cou