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1950 Supreme(Cal) 79

SEN, K.C.CHUNDER
Iswar Madan Gopal Jiu – Appellant
Versus
Province of West Bengal – Respondent


Advocates:
Purusottam Chatterjee - for Petitioners.
Chandra Sekhar Sen, Sr. Govt. Pleader and Jajneswar Majumdar, Asstt. Govt. Pleader - for Opposite Party.

Judgement

K. C. CHUNDER, J. :- These four revision cases arise out of the Land Acquisition proceedings in Mouza Hirapur within the sub-division of Asansol in the district of Burdwan. Notification for acquisition of land was issued on 29th April 1940. The Land Acquisition Collector gave his award on 10th February 1945 and on 1st April 1945, the Province of Bengal took possession. Then on the application of the petitioners before us the Collector made a reference under S. 18 to the District Judge of Burdwan on the question of valuation of the land, and this gave rise to Land Acquisition case No. 9 of 1946. On 15th August 1947 the Indian Independence Act came into force and from that day the Province of Bengal was divided into two provinces of West and East Bengal. On 13th August 1949 the province of West Bengal now represented by the State of West Bengal objected before the District Judge of Burdwan that in view of the Indian Independence Order Eights of Properties, etc., of 1947 the liability now was that of the province of East Bengal or the Eastern Pakistan and the Province of West Bengal was no longer liable to pay the compensation which may be determined for the land. By his orde








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