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2015 Supreme(SC) 1358

T.S.THAKUR, KURIAN JOSEPH
State of West Bengal – Appellant
Versus
Aziman Bibi – Respondent


JUDGMENT :

1. Leave granted. These appeals arise out of an order dated 24th August, 2011 passed by a Division Bench of the High Court at Calcutta whereby M.A.T. No. 464 of 2011 and M.A.T. No. 279 of 2011 filed by land-owners-Aziman Bibi and others have been allowed and a common order dated 11th November, 2010 passed by a learned Single Judge of that Court set aside with the direction that the compensation payable to the land-owners shall be determined by the special officer appointed for that purpose by the High Court.

2. A large extent of land, it appears, was notified for acquisition in terms of a notification dated 17th June, 1958 Under Section 4 of the West Bengal Land Development and Planning Act, 1948. The acquisition was meant for the public purpose of settlement of immigrants. Among the plots notified for acquisition Under Section 4 of the Act was Plot No. 785 in which Aziman Bibi and others - Respondents in SLP(C) No. 27425-27426 of 2012 claim to own an extent of 0.11 decimal only. A declaration Under Section 6 of the Act followed on 18th December, 1958 in which Plot No. 785 was omitted from the acquisition proceedings. It is common ground that an award based on Section 6 no











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