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2001 Supreme(Cal) 370

D.K.Seth
Sankar Das – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Malay Bose, S. P. Pahari for the petitioner;
D. Roy Chowdhury, J. Dutta for the opposite party.

JUDGMENT

D. K. Seth, J.: The petitioner has challenged the acquisition of the petitioners land under section 27 of the West Bengal Industrial Infrastructure Development Corporation Act, 1974, hereinafter referred to as the 1974 Act or the said Act. Mr. Malay Bose, learned counsel for the petitioner contended that the acquisition of the said land in exercise of section 27 of the Act is wholly without jurisdiction. Inasmuch as land can be acquired under section 27 only when the area is declared industrial estate as defined under section 2 sub-section (10) of the said Act. He contends that such land cannot be acquired by the said corporation without the area being declared industrial area within the meaning of section 2(8) of the said Act. According to him no notification has ever been issued by the State Government either under sub-section (10) or under subsection (8) of section 2 of the said Act. He further contended that such declaration under section 2(10) or under section 2(8) has to precede the acquisition and not follow. The second contention that was raised by him was that even if assuming but not admitting such a notification was issued, in the present case the land having bee








































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