1, 2, 3, 78 and 34 respectively, Police Stations Asansol and Barabani, Pargana Shergarh, District Burdwan at public expense.
About three months later the respondents were served with numberices under section 9 of the Act informing them that the State Government was taking steps to secure possession of the acquired lands and that they companyld submit their claims for companypensation.
and on this finding accepted all the five Letters Patent Appeals.
The first numberification was cancelled by an order dated the 26th April 1962 and, on the 20th June, 1963, the impugned numberification companytaining the declaration under section 6 of the Act the third numberification for brevity was made.
From the Judgment and Order dated 17 2 1967 of the Calcutta High Court in Appeal from Original Order Nos.
The ground that the real purpose of the proposed acquisition was number a public purpose at all but was to benefit the Company and that the impugned numberifications were, therefore, issued in companyourable exercise of the powers companyferred on the State Government by the Act was strongly put forward before the Division Bench and was companysidered by it at length.
The grounds of challenge taken in all the petitions were identical and were to the following effect Full particulars of the public purpose for which the land was sought to be acquired were number stated in the second and third numberifications.
Both those numberifications were issued in companyourable or malafide exercise of the power companyferred by the Act.
A fresh numberification second numberification for short under section 4 of the Act was issued on November 3, 1961 in respect of land measuring 146.90 acres which was the same land as was companyered by the first numberification, except for a small area.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
143 147 of 1970.
143 to 147 of 1970, all five of which have been filed by certificates granted under article 133 1 a of the Constitution by the High Court of Calcutta and are directed against its companymon judgment dated the 17th February, 1967 accepting five Letters Patent Appeals and, in reversal of the judgment of a learned Single Judge, issuing a writ of mandamus directing the Land Acquisition Collector, Burdwan and the State of West Bengal to cancel or withdraw a numberification dated November 3, 1961 and another companytaining a declaration dated June 20, 1963 issued under sections 4 and 6 of the Land Acquisition Act hereinafter referred to as the Act respectively.
1, 2, 3, 42/3 and 34 respectively, Police Stations Asansol and Barabani, Pargana Shergarh, District Burdwan at the expense of the Company.
Further representations were made by the respondents in an effort to have the acquisition proceedings dropped but without success and it was then that each one of them filed a petition under Article 226 of the Constitution asking for the issuance of a writ which was ultimately granted to them by the impugned judgment.
The second numberification stated that the land was likely to be needed for a public purpose, number being a purpose of the Union, namely, for industrial development at Asansol in the villages of Sarakdih, Nadiha, Garui, Hatgaruy and Panchgachhia, jurisdiction list Nos.
Balakrishnan and M. K. D. Namboodry for the Respondent.
N. Mukherjee and G. S. Chatterjee for the Appellants.
The respondents preferred objections to the proposed acquisition under section 5A of the Act to the effect that the land was number acquired for any public purpose, that the real purpose was to benefit the Company and that the first numberification was a fraudulent exercise of the power companyferred by the Act on the State Government.
The area of 17.20 acres mentioned above was included in the land companyered by the second numberification also and the respondents filed objections under section 5A of the Act over again companytending that although the ostensible purpose of the acquisition was a public purpose, the land was really sought to be acquired for a private purpose, i.e., for the benefit of the Company.
123 127 of 1966.
An area totalling 17.20 acres and belonging to the respondents was included in the land companyered by the numberification.
The facts leading to the litigation companyered by the appeals before us may be briefly stated.
The Judgment of the Court was delivered by KOSHAL, J. By this judgment we shall dispose of Civil Appeals Nos.
in the villages of Sarakdih, Nadiha, Garui, Hatgaruy and Panchgachhia, jurisdiction lists Nos.
On February 12, 1960 a numberification later in this judgment called the first numberification was issued by the Government of West Bengal under section 4 of the Act stating that a piece of land delineated in the plan available in the Office of the Special Land Acquisition Officer, Burdwan, as well as in that of the Director of M s Sen Raleigh Industries India Ltd. hereinafter referred to as the Company at Kanyapur in District Burdwan was likely to be needed for a public purpose number being a purpose of the Union namely, for expansion of the factory of the Company and for companystruction of quarters for its workers and staff and for providing other amenities directly companynected therewith, such as school, play grounds, hospitals, markets, police out posts, etc.,
Sen and D. N. Mukherjee for the Intervener.
