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1990 Supreme(Cal) 382

A.M.BHATTACHARJEE, A.N.RAY
JADAVPUR UNIVERSITY – Appellant
Versus
ALKA D. HEMANI – Respondent


Advocates Appeared:
ARUN PRAKASH CHATTERJI, MUKUL PRAKASH BANERJI, NIYAZUDDIN KHAN, RAMESH SHARMA, SAMAPTI CHATTERJI, SAMARESH BANERJI, SIMA SEN GUPTA

A. M. BHATTACHARJEE, J.

( 1 ) I have had the advantage of going through the judgment preparred by my learned brother Ray, J. and I am glad to express my full concurrence. I agree with Ray, J. that the appeal is to be allowed and that the order of requisition, passed under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948, assailed with success in the Court below, is to be upheld for the reasons stated in appreciable details by my learned brother. But my unqualified concurrence notwithstanding, I have thought it fit to add a few words in respect of the proviso to Section 3 (1) of the aforesaid Act. I am inclined to hold that the words of the Proviso warrant liberal, and not literal, approach and should be purposively construed without any rigid adherence to the letters of the law.

( 2 ) SUB-SECTION (1) to Section 3 of the Act authorises requisition of, land by the State Government, with a view' to its subsequent acquisition,, for certain purposes specified therein and one such purpose is "maintaining supplies and services essential to the life of the community". Though Mr. M. P. Banerjee appearing for the writ petitioner, Respondent No. 1 before us thought




























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