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1951 Supreme(Cal) 165

SINHA
Nader Chand Mallick – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
Paresh Lal Shome and Gouranga Sundar Chatterji, for Petitioner; Jajneswar Majumdar and Smriti Kumar Roy Choudhury, for the State.

ORDER :- This is a Rule issued upon the respondents to show cause why writs in the nature of Certiorari, Mandamus and Prohibition should not be issued under Art. 226 (1) of the Constitution, to restrain them from giving effect to an order made by the Special Land Acquisition Collector, Hooghly, directing the taking of possession of a certain piece of land, to be made over to an institution known as the King George V Silver Jubilee Maternity Home and Child Welfare Centre.

2. The facts are briefly as follows :

The petitioner is the owner of a plot of land situated at Hooghly, bearing C.S. Dag No. 1121 of Mouza Hooghly, p. s. Chinsurah District Hooghly. This plot of land is vacant and adjoins the above-mentioned Public Institution. The said institution urgently requires land for extension of staff quarters and improvement of the clinic and this plot has been acquired under the Land Acquisition Act, and the order complained of, is an order for taking possession of the land in order to vest it in the acquiring authority and then to make it over to the said institution.

3. The petitioner purchased this land in 1933. He has not built any structure on it, although the has considerably improve






















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