The Government's failure to comply with the requirements of Rule 5(2) of the Land Development Rules, which mandated a local enquiry and an opportunity for persons interested to make representations against the scheme, rendered the declaration under Section 6 and the Notification under Section 8(a) of the West Bengal Land Development and Planning Act, 1948 invalid.

( 1 ) THIS is an application under Article 226 of the Constitution of India for an appropriate writ directing the opposite parties to forbear from depriving the petitioner of its property at Kan-chrapara which has been sought to be acquired under the West Bengal Land Development and Planning Act, (Act xxi of 1948) 1948.

( 2 ) THE petitioner is a society formed and registered under the Societies Registration Act of 1860. This society owned and was possessed of 7,997 acres of land at Kanchrapara out of which 4,937 acres were in has possession of the society and the rest was tenanted land. It appears that 3,57871 acres of land out of 7997 acres were received by way of donation from philanthropic persons. The petitioner society had established six branches for carrying out the purposes of the society at Kanchrapara, Sodepur, Lilooah, Ovaria, Chakolia and Hazaribagh. In the year 1943-44, 5,000 acres of land were requisitioned by the Government under the Defence of India Rules for the use of the United States Army. 2,997 acres were thereafter left in the possession of the society, out of which 1218 acres were in the possession of tenants and the remaining portion, 1,778 acres, remained in the possession of the society. Out of this land which remained in the possession of the society, 1,000 acres of land form a compact block and the remainder is scattered over several mouzas. The subject-matter of this application is these 1,000 acres of land.

( 3 ) IT appears that in the year 1945 an informal proposal was made by the Central Government for derequisitioning the land, but at the instance of the Provincial Government this idea of derequisition was given up and the Government began to run a tuberculosis hospital and the Government sponsored a scheme for establishment at Kanchrapara of a town. In 1947, however, two plots of land, of which there is some dispute as to the area, were in fact derequisitioned by the Government. Thereafter, on 25-1-1949, a Notification made under Section 4 of the West Bengal Land Development and Planning Act 1948, was published in the Calcutta Gazette of 3-3-1949. By this Notification, the Government purported to acquire 3,053'45 acres of land which included the said compact block of 1,000 acres of land. On 2-12-1949, the Government purported to make a declaration in respect of the acquired land under Section 6 of Act xxi of 1948. On 9-2-1950, a Notification was issued by the Collector of Nadia that the Government had taken settled decision under Section 6 of Act xxi of 1948 to acquire the said 3,05345 acres of land mentioned in the Notification and on the expiry of three days from the service of notice the said Government would, under Section 8 of the Act, take possession of all waste and arable lands, beels, baors, tanks and other watery areas falling within the lands mentioned there. This Notification was not followed up in its entirety, but the Government took possession of only one beel known as Kulia beel, where, it appears that the Government has subsequently established a fishery. Upto May, 1951, nothing further was done, but in the month of May, 1951, the officers of the Collectorate of Nadia made certain demarcations in respect of the acquired land.

( 4 ) ON 24-7-1951, the Rule Nisi was issued in this case and it appears that on 18-9-1951, the Government issued a Notification releasing an area of 298. 31 acres from the acquisition.

( 5 ) IT has been contended by Mr. Banerjee, appearing for the petitioner, that before the declaration under Section 6 of Act 21 of 1948 was made by the Government, the petitioner was not given any opportunity of making representations against the scheme sponsored by the Government, although this is specifically enjoined by Rule 5 (2) of the Rules known as West Bengal Land Development and Planning Rules, 1948, which were made in pursuance of Section 14 of Act 21 of 1948.

( 6 ) SECTION 5 (1) of Act 21 of 1948 is as follows:"the Provincial Government may direct