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1982 Supreme(Cal) 53

B.C.RAY
SUBRATA MUKHERJEE – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
AMAR NATH BANERJEE, R.N.MISRA, T.K.SEN GUPTA

B. C. RAY, J.


( 1 ) THIS application is at the instance of the petitioner who is one of the co-owners of the Plot Nos. 13851 and 13852 of Khatian No. 4494, mouza Behala challenging the validity of the notice of requisition issued under section 3 of the West Bengal Act II of 1948 i. e. , West Bengal Land (Requisition and Acquisition) Act, 1948 whereby these lands along with other plots of lands were notified for requisition for public purposes mentioned in the said notice as Annexure 'a' to the petition on the ground that the land in question purported to be requisitioned for a purpose were being utilized for another purpose, viz. for construction of Behala Police Station which has been demolished on account of widening of the Diamond Harbour Road.

( 2 ) THE facts, in brief, are as follows: The aforesaid plots of lands along with other lands were notified for requisition under section 3 (1) of the said Act for the purposes viz. for widening Diamond Harbour Road at Behala and also for maintaining supplies and services essential to the life of the community and/or for providing proper facilities for transport, communication, etc. This requisition notice was served admittedly in 1974







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