1958 Supreme(Cal) 131
DEEP NARAYAN SINHA
Bejay Laxmi Cotton Mills – Appellant
Versus
State of W. B. – Respondent
Advocates:
Atul Gupta, Subimal Ray, Birendra Nath Banerjee and A.K. Sarkar, for Petitioner; S.M. Bose, J. Majumdar, R. Choudhury, S.K. Rai Choudhury, and Somendra Chandra Bose, for Opposite Party.
ORDER :- The facts in this case are briefly as follows : There is a Society registered under the Societies Registration Act (Act XXI of 1860) known as "The Society of Farmers and Rural Industrialists (hereinafter referred to as "The Society"). The Society approached the Government of West Bengal for the purpose of compulsory acquisition of some land for the establishment of an agricultural colony and for creating better living conditions therein. A tentative proposal with a lay-out plan was submitted to the Collector of 24 Parganas. The request was that 58.90 acres of land in villages, Chola and Natagarh within the jurisdiction of Khardah P.S. should be acquired at the costs of the Society. The scheme was later on modified and the area that was to be acquired was scaled down to 28.59 acres. On the 4-th of February, 1955 a notification was issued under S. 4 of The West Bengal Land Development and Planning Act 1948 (hereinafter referred to as "The Act"). A copy of this notification is at page 21 of the paper book. The notification states that the land was needed for the establishment of an agricultural colony and creation of better living conditions in the villages of Ghola and Natag
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