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2022 Supreme(Cal) 587

SAUGATA BHATTACHARYYA
Bhola Nath Koley – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Ashok Kumar Banerjee, Sr. Adv. Ms. Tapojit Dey, Adv, for the Appellant; Sk. Md. Galib, Adv, Mrs. Subhra Nag, Adv, Mr. Debabrata Banerjee, Adv. Mr. Samir Chakraborty, Adv, for the Respondent

JUDGMENT

Saugata Bhattacharyya, J. - Writ petition relates to acquisition vis-a-vis derequisition of the land of the petitioner measuring 35 decimal under LR Dag No. 265, 270 and 299 in Mohisgot Mouja, Rajarhat, District North 24 Parganas. The petitioner by presenting this writ petition has claimed release of aforesaid land by the concerned authorities of the state-respondents and return of the same.

2. The proposal for acquisition of the aforesaid land was mooted by the Housing Directorate, Government of West Bengal and accordingly LA Case No. 4/14 of 1999-2000 was initiated in the year 1999. Based on such proposal for acquisition of the land of the petitioner for Rajarhat New Township Project preliminary investigation was carried out and report was prepared on 19th July, 1999 and thereafter notification under section 4(1) of the Land Acquisition Act, 1894 (for short 'Act of 1894') was published. While issuing such notification under section 4(1) it was specifically stipulated therein that the provisions under section 17(4) of the said Act of 1894 would apply in the acquisition proceeding thereby the requirement as contemplated under section 5A of the said Act of 1894 was dispensed

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