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2023 Supreme(Cal) 788

BIBEK CHAUDHURI
Sk. Saokat Ali – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Amit Kumar Pan, Adv., Mrs. Tanusri Santra, Adv.
For the Respondent: Mr. Rajarshi Basu, Adv., Mrs. Rupsha Chakraborty, Adv.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. The mother of the petitioners, namely, Nazimessa Bibi, since deceased purchased a plot of land being Dag No.296 measuring an area of about 0.39 acre situated within Mouza-Chak Kashipur, J.L No.48, under Police Station Budge Budge, at present Nodakhali, in the district of South 24 Parganas. On the death of the mother of the petitioners on 4th July, 1989 the petitioners and one Tehera Bibi @ Munia Khatun inherited the said property under Mohammedan Law of inheritance and they used to possess the land jointly. During the life time of the said Nazimessa Bibi, in pursuance to a proposal vide memo 1329 dated 29th March, 1979 issued by the Executive Engineer, Urban Drainage Division, Irrigation and Waterways Department Directorate, Government of West Bengal, an Land Acquisition proceeding was initiated being LA II/8 of 1979-80 for the purpose of excavation of Alampur Khal in connection with Raypur basin drainage system. Indisputably, the said LA proceeding was instituted under the provision of the West Bengal Land (Requisition and Acquisition) Act, 1948 (herein after described as Act II of 1948). In the said LA proceeding 0.10 acre of land out of 0.39 acre

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