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1963 Supreme(Cal) 9

B.N.BANERJEE
PRAMATHA NATH TALUKDAR – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.C.MITTAL, AJOY BASU, B.C.Dutt, Bratindra Narayan Ray, HARINARAYAN MUKHERJEE, J.Majumdar, SMRITI KUMAR RAY CHOWDHURY

B. N. BANERJEE, J.

( 1 ) THE petitioner, Pramatha Nath Talukdar, is the owner of Plot No. 125, measuring. 16 acres, in Mouza Ukhila-Paikapara, District 24-Parganas.

( 2 ) BY a notification, dated July 22, 1961, about 14. 11 acres of land, including the aforesaid plot belonging to the petitioner, was notified for acquisition, under Section 4 of the Land Acquisition Act (1 of 1894 ). A material portion from the said notification is set out below :"whereas it appears to the Governor that land is likely to be needed for a public purpose rot being the purpose of the Union, namely, for construction of staff quarters, hostel building and play ground of the Ramkrishna Mission, in the village of Ukhila Paikapara, jurisdiction list No. 56, Police Station Sonarpur, District 24-Parganas, it is hereby notified that a piece of land comprising Cadastral Survey plots (numbers of plots set out in the notification omitted) and measuring more or less 14. 11 acres, is likely to be needed for the aforesaid public purpose at the expense of the Ramkrishna Mission, within the aforesaid village Ukhila-Paikapara. "

( 3 ) RAM Krishna Mission (hereinafter referred to as the Mission) is a society registered




























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