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1979 Supreme(Cal) 49

SABYASACHI MUKHARJEE
Tarak Nath Sen – Appellant
Versus
First Land Acquisition Collector – Respondent


Advocates:
Advocate Appeared:
Ajit Panja for the petitioner.
Gopal Chakravorti, Shyamal Sen for the respondent.

ORDER

There are four petitioners in this application. The subject matter of challenge here under Article 226 of the Constitution is the Order No. 36/76/II/48 dated the 22nd November, 1976. The said order has been set out in paragraph 7 of the petition. The order, inter alia, states as follows :

“Form of order for requisitioning land under sub-s (1) of S.3 of the West Bengal Land (Requisition and Acquisition) Act, 1948.

Order No. 36/76/11/78 Dated 22.11.76

Whereas in my opinion it is necessary for the purpose of creating better living conditions in the area to requisition the land described in the Schedule below :

And whereas the State Government has by Notification No. 19754-L.A. dated 22.11.63 published in the Calcutta Gazette, Part I of the 19.12.63 at page 2521 read with Notification No. 19039-L.A./3A-32/7 Pt. dated 22.112.72 published in the Calcutta Gazette, Part I of the 11th January, 1973 at page 45 authorised me to exercise the power conferred by sub-s. (1) of S.3 of the West Bengal Land (Requisition and Acquisition Act, 1948 (West Bengal Act 11 of 1948).

Now, therefore, in exercise of the power conferred by sub-s. (1) of S.3 of the West Bengal Land (Requisition and Acquisiti

























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