Judgement

Appeal from a judgment and decree of the High Court (August 22, 1916) affirming a decree of the first Subordinate Judge of 24 Parganas (August 10, 1915).

The appellants were the Board of Trustees under the Calcutta Improvement Act (Bengal Act V. of 1911). In pursuance of that Act the appellants passed resolutions and framed a scheme for the widening of a road known as Russa Road, in the suburbs of Calcutta ; the scheme was duly notified in the Calcutta Gazette. Amongst the properties to be acquired were certain land and premises in Chaulputty Road belonging to the respondent. This land did not form part of Russa Road as proposed to be widened, but was, at its nearest point, situated 55 feet from the road when widened. The Board of Trustees rejected an objection by the respondent to the acquisition of his land, and sub sequently rejected an application under s. 78 of the Act requesting to know the amount which would be required by the Board for abandoning the acquisition.

The respondent, on April 28, 1914, sued the appellants for a declaration that the appellants had no powers under that Act to acquire the land in question, and for .an injunction and other relief. On May 2