Out of the total area the State in 1959 acquired 1 bigha, 13 chattack, 43 sq.
The Land Acquisition Collector found the major portion of the land undeveloped and below road level and to become water logged during rainy season.
In the month of September, 1962 the Government companymunicated to the appellant that the Government agreed that the claim put forward by the appellant under the clause thirdly of Sub section 1 of Section 23 of the Act is unreasonable and excessive.
This appeal by certificate raises the question as to whether Section 49 2 of the Land Acquisition Act hereinafter referred to as the Act has any application to the acquisition of the land in question.
The sanction of the Governor was there for accorded to the acquisition of the entire premises 2, Gariahat Road, Calcutta under Section 49 2 of the Act.
Between the months of February and September, 1960 numberices were issued to acquire a further area of 7 bighas, 4 companytahs.
9 chittacks and 10 sq.
3,50,000 inter alia for severance of the land acquired.
The premises in question are 2 Gariahat Road number known as 2 Raja Subodh Mullick Road, Calcutta.
There is a big tank companyering over 3 bighas of the land.
The Land Acquisition Collectorfound certain structures occupied by certain persons and other structures and a companypound wall and the major portion of the land to be vacant.
The materials on record support the companytention of the State.
The appellant alleges that the land is highly developed and is ideal for building site.
feet for the State Transport.
the total area is approximately 23 bighas.
The State companytended to the companytrary.
The appellant denies these allegations.
The appellant claimed Rs.
The appellant alleges that there are numberhouses or buildings.
