DIPAK KUMAR SEN, J.

( 1 ) SAILENDRA Nath Roy, the petitioner in these proceedings seeks to impugn two orders in respect of the petitioner's land under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 both dated the 31st July, 1975.

( 2 ) IT is recorded in the said order that the purpose of the proposed acquisition is "maintaining supplies and services essential to the life of the community or for providing proper facilities for transport or communication.

( 3 ) THE lands of the petitioner which are proposed to be acquired are plot No. 10172 measuring. 089 acres, plot No. 10174 measuring. 260 acres and. 083 acres of plot No. 10178 the last under the description 'eastern portion'. In the other order the land of the petitioner proposed to be acquired is plot No. 10173 measuring. 030 acres.

( 4 ) THE petitioner contends that (a) The proposed acquisition is void and illegal inasmuch as Diamond Harbour Road for the widening of which the said land was sought to be acquired was fat away from the site. (b) The real purpose of the proposed acquisition was in no way connected with the recorded purpose and therefore the proposed acquisition was arbitrary and mala f

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