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1977 Supreme(Cal) 342

SALIL KUMAR DATTA
Subhasini Debi – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mrityunjoy Palit
For the State: A. K. Chakraborty

JUDGMENT

The judgment of the Court was as follows :––

This Rule is directed against an order of requisition being No. 2 dated August 6, 1973 in Requisition Case No. 1/77/72-73. By this order the Collector, Hooghly requisitioned .039 acres of land out of Plot No. 40 of Muja Kulihonda, P. S. Chinsura. In the column for description of the specific portion of land thereby requisitioned it is mentioned "middle", obviously meaning that the middle portion of the plot was requisitioned. There is no dispute that the plot No. 40 comprises an area of .258 acres of land and out of this land a specific portion thereof measuring .058 acres was purchased by the petitioner by a registered Kobala dated October 3, 1963, for the alleged purpose of building her residence thereon. It was stated in the petition that a plan for the purpose had already been submitted and she had started taking steps for construction of the house in accordance with the Section 319 of the Bengal Municipal Act (Bengal Act XV of 1932) after lapse of statutory period of one month as the Municipality neither granted nor refused permission to execute the work. In this state of affairs the petitioner was served with the above requi






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