( 1 ) THE facts of this case have been set out in our Judgment delivered on April 21, 1969. In view of the contentions raised on behalf of the petitioners so far as Clause (b) of Section 8 (1) of the West Bengal Land Development and Planning Act, 1948 (hereinafter referred to as "the Act") is concerned we directed the Special Land Acquisition Judge at Alipore to report to us whether the lands in question Were in the same state on the date of publication of notification as they were on December 31, 1946. The report of the First Special Additional Land Acquisition Judge is now available. He has stated that the lands were not on the date of the publication of the notification under Sub-section (1) of Section 4 of the Act (that is on the 19th July. 1962), in the same state as they were on the 31st December, 1946 and that substantial improvement or development was made after that date.

( 2 ) THIS report of the First Additional Special Land Acquisition Judge makes the questions that were raised before us on Section 8 (1) (b) purely academic. If the lands on the date of the publication of notification were not in the same state as they were on the 31st December 1