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2000 Supreme(Cal) 286

Prabir Kumar Samanta
Samarendra Nath Paul – Appellant
Versus
West Bengal Housing Board – Respondent


Judgment

P.K. Samanta, J.

The intricate questions involved in this writ petition are whether an acquisition made under sub-section (1a) of section 4 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as the Act II of 1948) stood lapsed after a period of one year from the date of commencement of the West Bengal Land (Requisition and Acquisition) (Amendment) Act, 1996 (hereinafter referred to as the Amendment Act of 1996) and whether the notice issued by the State/respondents under sub-section (3B) of section 9 of the Land Acquisition (West Bengal Amendment) Act of 1997 for giving effect to such an acquisition was valid in law.

2. The relevant facts giving rise to the problem in this case may be shortly stated as under:

A total land measuring more or less 34 cottahs (.57 decimals) comprised in two plots being plot Nos. 1787 and 1788 under Mouza Monoharpur were belonging to the writ petitioners.

3. The Collector of Hooghy issued notice and/or an order for requisition of the above lands under section 3(1) of Act II of 1948 on May, 1984. According to State/respondents the possession of the disputed lands were taken over by the Collector on the said date.





































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