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1977 Supreme(Cal) 262

SABYASACHI MUKHARJEE
DAGA AUTO SERVICE PVT. LTD. – Appellant
Versus
THE LAND ACQUISITION COLLECTOR (SPECIAL RAILWAY CELL) – Respondent


Advocates Appeared:
Bhaskar Gupta, Biswarup Gupta, M.A.Law, S.PAL

SABYASACHI MUKHARJI, J.

( 1 ) IN this application under Article 226 of the Constitution the petitioners have challenged the notification under Section 4 of the Land Acquisition Act, 1894, the report made under Section 5-A of the said Act and the notification issued under Section 6 of the said Act dated 7th Jan. , 1974. This application relates to the acquisition of premises No. 29, Chitta Ranjan Avenue, Calcutta and the area comprised is 0506 hectres. The said notification and the said report have been challenged on several grounds. Most of these grounds are similar to the grounds taken in the case of Banku Behari Dutta v. State of West Bengal which. In view of the said decision, learned counsel for the petitioner did not press most of these grounds. In view of the decision of the Supreme Court in the case of Kalumiya Karimmiya v. State of Gujarat, most of these grounds are no longer open to challenge by the petitioner. The only ground upon which this application was pressed was that the petitioner had suggested to the Land Acquisition Collector that there were alternative accommodations available in premises No. 20, Ganesh Chandra Avenue and premises No. 23, Chitta Ranjan Avenue,




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