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1975 Supreme(Cal) 63

A.N.SEN
P. K. SHAIKH – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
C.K.Roy, T.P.DAS, TAPAS BANERJEE

A. N. SEN, J.

( 1 ) THE petitioner obtained the present rule and also an interim order of injunction on the 13th May, 1966.

( 2 ) CALCUTTA Improvement Trust for the improvement of the City prepared a scheme bearing Scheme No. 103 for widening the approach to the Lindsay Street from the side of Free School Street. The said scheme was published under Section 43 of the Calcutta Improvement Act, 1911 in May, 1963. The said scheme after the necessary formalities had been complied with, met with the approval of the State Government. For the purpose of implementing the said scheme it became necessary to acquire certain properties in Lindsav Street. One of the properties acquired in Lindsav Street is Premises No. 12/8-A Lindsay Street. It appears that premises No. 12/8a, Lindsay Street was a tenanted one and one of the tenants under the owner of the said premises was Mrs. A. E. Morrocco. An award was duly made in the said acquisition proceeding and compensation for acquisition of the said premises was awarded to the owner, to the tenant Mrs Morrocco, to one subtenant under Mrs. Morrocco who was carrying on business under Hie name and style of Hollywood Tailors. It also appears that premi














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