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1959 Supreme(Cal) 53

K.C.DAS GUPTA, R.S.BACHAWAT
SHAMBHU NATH GHOSH – Appellant
Versus
BEJOY LAKSHMI COTTON MILLS LTD. – Respondent


Advocates Appeared:
ATUL CHANDRA GUPTA, BRENDRA N.BANERJI, J.Majumdar, R.CHAUDHARY, S.M.BOSE, SOMEN CHANDRA BOSE

DAS GUPTA, CJ.

( 1 ) THESE two appeals are against the decision of Sinha J. , directing the issue of an appropriate Writ for setting aside and quashing a Notification of 4-2-1955 and a declaration of 21-7-1956 under S. 4 and S. G respectively of the West Bengal Land Development and Planning Act and also the agreement entered into between the Society of Farmers and Rural Industrialists and the Government as regards the payment of compensation for the acquisition of the lands. These orders were made on the application of Bejoy Lakshmi Cotton Mills Ltd. to whom the lands acquired under these proceedings belonged. It was contended by the applicant that the sanction of a scheme, which is an essential prerequisite of an order for declaration, had not been given in accordance with law. Several other objections to the proceedings taken in the application were not pressed. One point that the notification was bad in law as there had been no satisfaction of the State Government in accordance with law and another point that the declaration was bad on the similar ground that there had been no satisfaction of the State Government in accordance with law were, however, raised at the trial and dea






































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