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1952 Supreme(Cal) 71

BOSE
NABA KUMAR SEAL – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
JAGNESHWAR MAJUNDAR, MIHIR KUMAR SARKAR, Somendra Chandra Basu

BOSE, J.

( 1 ) THIS is an application under Article 226 of the Constitution for an appropriate writ for cancellation of certain notifications issued under the provision of the West Bengal Land Development and Planning Act," 1948 and for direction upon the opposite parties to forbear from taking possession of certain plots of land covered by the said notifications.

( 2 ) THE petitioner is the owner of 18 Bighas of land comprising certain cadastral survey plots in Mouza Ukhila Paikpara in the, Police Station Sonarpur in the district of 24-Parganas, the particulars whereof are sent out in sch. I annexed to the petition. By a notification issued under Section 4 of W. B. Act 21 of 1948 bearing no. 92 L. Dev. dated 6-1-1950 and published in the Calcutta Gazette dated 12-1-1950 the Government declared that the cadastral survey plots, particulars whereof are given in sch. II to the petition, are likely to be needed for the settlement of immigrants and for creation of better living conditions in the said village Ukhila Paikapara. The petitioner there-after filed an objection against the intended acquisition but no hearing was given to the petitioner. Thereafter, a notification purporting

















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