( 1 ) APPEAL No. 157: This is an appeal from the judgment of Bose J. , dated 28-3-1952.

( 2 ) THE facts which have given rise to the present appeal may be stated as follows: On 6-1-1950, a notification under Section 4, West Bengal Land Development and Planning Act (Act 21 of 1948) was published stating that a certain plot of land described in Schedule 2 to the petition under Article 226 of the Constitution, was needed or likely to be needed for settlement of immigrants and for better living conditions in village Paikpara. On 27-4-1950, a notification under Section 6 read with. Section 7, West Bengal Land Development and Planning Act was published. After a declaration in terms of Rule 8 framed under Section 14 of the said Act, possession was taken of the said area with the exception of three plots being Cadastral Survey plots Nos. 259, 571 and 2490, on 16-12-1950.

( 3 ) THE petitioner's allegation is that he had no notice of the notification aforesaid or of the declaration under Rule 8 and that he first came to know on enquiry about these facts when he found that building materials were being stacked on the disputed property. The application under Article 226 of the