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1979 Supreme(Cal) 68

SABYASACHI MUKHARJEE
Krishna Narayan Mukherjee – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
Biswaroop Gupta, Ranajit Mukherjee for the petitioner.
Additional Advocate General, Mrs. M. Gupta for the respondents.
R.C. Dev, Ajoy Mitra for the respondent Nos. 6 to 35.
Ajay Mitra for the respondent Nos. 6 and 7.
Pradip Ghosh, Tapas Ray for the respondents nos. 3, 4 and 5.

ORDER

1. In this application under Article 226 of the Constitution the petitioner, who claims that he has purchased certain land and wants to construct a building, challenges the order or communication dated the 22nd September, 1977, issued by the First Land Acquisition Collector, Calcutta and Competent Authority under the Urban Land (Ceiling & Regulation) Act, 1976 and the action taken by the Corporation of Calcutta thereupon.

2. In order to appreciate the contentions it would be necessary to refer to certain facts. The dispute in question in this case relates to what was originally premises no. 48 Barrackpore Trunk Road, Calcutta, outside the jurisdiction of this Court. The said land comprised of garden measuring about 23 bighas 7 cottahs and 7 chittaks and according to the petitioner, were at all material times before January 28, 1976 entered in the revenue and land record, as for the purpose of agriculture. In this connection it may be appropriate to mention that in the affidavit-in-reply of the petitioner affirmed on the 8th January, 1979 the petitioner has annexed an extract copy of the relevant khatian of the settlement records. The said land records is dated 24th July, 1916 a































































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