Judgment

SINHA, C.J.I. : The only substantial question that arises for determination in this appeal, on a certificate granted by the Calcutta High Court under Art. 133 (1)(c) of the Constitution, is whether the Government of West Bengal was bound to frame a development scheme under the provisions of the West Bengal Land Development and Planning Act, 21 of 1948, which hereinafter will be referred to as the Act, when it exercised its power of emergency under S. 7 of the Act.

2. The facts of this case lie within a very narrow compass and are as follows: The respondent was the owner of about bighas of land in a certain village in the district of 24 Parganas. By a notification dated January 6, 1950, and published in the Calcutta Gazette dated January 12, 1950, under S. 4 of the Act, the Government declared that the cadastral survey plots, particulars whereof were given in the notification, were likely to be needed for the settlement of immigrants and for creation of better living conditions in the locality. Thereafter a notification was issued under S. 6 read with S. 7 of the Act and published in the Calcutta Gazette dated April 27, 1950, declaring that the plots covered by the notificati