( 1 ) THIS is an appeal from an Order of G. K. Mitter, J. dated the 27th August 1959 discharging a Rule issued under Article 226 of the Constitution.

( 2 ) THE appellant No. 1 Krishnalal Sadhu (since deceased) and the appellants Nos. 2, 3 and 4 were the owners of C. S. plots Nos. 5246, 5248, 5249 and 5250 of mouza Chinsurah in the district of Hooghly measuring more or less 13 eottahs or Order 271 acres of land. On the 9th June 1946 a notification was issued under Section 4 of the Land Acquisition Act for acquisition of the said plots. In the said notification it was stated that the said plots were likely to be required to be taken by Government partly at the public expense and partly at the expense ot Chinsurah Balika Bani Mandir H. E. School for a public purpose, namely, for a playground and hostel for students and teachers of the said Institution. After the issue of the said notification objections were invited under Section 5-A of the Land Acquisition Act. The appellant Krishnalal Sadhu preferred objections. The Laud Acquisition Officer held an enquiry and after certain proceedings and correspondence a declaration under Section 6 of the Land Acquisition Act was pub