On July 28, 1950, the respondents I to 3, the owners of the lands thus acquired, instituted a suit in the Court of the Subordinate Judge, 11 Court at Alipore, District 24 Parganas, against the society for a declaration that the impugned Act was void as companytravening the Constitution and that all the proceedings taken thereunder for the acquisition aforesaid were also void, and of numbereffect and for other companysequential reliefs.
4 herein, was authorised to undertake a development scheme, and the Government of the State of West Bengal, the appellant herein, acquired and made over certain lands to the society for purposes of the development scheme on payment of the estimated companyt of the acquisition.
As the suit involved questions of interpretation of the Constitution respondents 1 to 3 also moved the High Court under article 228 of the Constitution to withdraw the suit and determine the companystitutional question.
The State of West Bengal was subsequently impleaded as a defendant.
Appeal against the Judgment and Order, dated the 22nd March, 1951, of the High Court of Judicature at Calcutta Harries J. and Banerjee J. , in Reference No.
The Judgment of the Court was delivered by PATANJALI SASTRI C.J. This is an appeal from a judgment, of the High Court of Judicature at Calcutta declaring certain provisions of the West Bengal Land Development and Planning Act, 1948, hereinafter referred to as the impugned Act unconstitutional and void.
December 11.
A registered Society called the West Bengal Settlement Kanungoe Co operative Credit Society Ltd., respondent No.
CiviL APPELLATE JURISDICTION Civil Appeal No.
The impugned Act was passed on October 1, 1948, primarily for the settlement of immigrants who had migrated into the Province of West Bengal due to companymunal disturbances in East Bengal,and it provides for the acquisition and development of land for public purposes including the purpose aforesaid.
123 of 1952.
20 and 21 of 1950.
2 of 1951 in Civil Rules Nos.
