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1996 Supreme(Cal) 255

SATYABRATA SINHA, SATYA NARAYAN CHAKRABORTY
Samarendra Nath Paul – Appellant
Versus
Collector, Hooghly & Addl. District Magistrate – Respondent


Advocates Appeared:
Mr. Hirak Mitra and Samar Banerjee, for the Appellants
Mr. L.C. Bihani and Ms. Suchandra Mukherjee, for the Respondents
Mr. Prasanta Banerjee, for the State.

JUDGMENT

Sinha, J. : This appeal is directed against a judgment and order dated 13.7.88 passed by a learned Single Judge of this Court, whereby and whereunder the said learned Court dismissed the writ petition filed by the appellants questioning an order of requisition in respect of plot Nos. 1787 and 1788 in Mouza Monoharpur, in terms of a notice dated 9.5.84.

2. The fact of the matter lies in a very narrow compass.

3. The aforementioned plots were purchased by the writ petitioners in terms of a registered deed of conveyance dated 7th July, 1981 from Sri Haradhan Ballav and Others and their names were mutated and recorded in the relevant records. According to the appellants, they purchased the said plots for the purpose of erecting and/or constructing a factory. By reason of an order dated 21.12.81, the Collector, Hooghly, in purported exercise of his jurisdiction under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as the said Act) requisitioned the said property allegedly for implementation of a housing project at Monoharpur by the West Bengal Housing Board. No order was served upon the appellants although the delivery of possessi























































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