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PETITIONER: THE STATE OF WEST BENGAL AND OTHERS
Vs.
RESPONDENT: NABA KUMAR SEAL.
DATE OF JUDGMENT: 29/08/1960
BENCH: SINHA, BHUVNESHWAR P.(CJ) BENCH: SINHA, BHUVNESHWAR P.(CJ) KAPUR, J.L. GAJENDRAGADKAR, P.B. SUBBARAO, K. WANCHOO, K.N.
CITATION: 1961 AIR 16 1961 SCR (1) 368
ACT: Acquisition of land-Settlement of immigrants-Development scheme-If necessary in cases of acquisition under emergency- Absence of development scheme-If infringes fundamental rights-West Bengal Development and Planning Act, 1948 (21 of 1948), s. 7-Constitution of India, Arts. 14, 19(1)(f), 31(2).
HEADNOTE: By a notification under s. 4 of the West Bengal Land Deve- lopment and Planning Act, 1948, the Government declared that certain plots of land belonging to the respondent were needed for the settlement of immigrants from East Pakistan and for improving living conditions in the locality. Thereafter a second notification was issued by the Government under s. 6 read with S. 7 of the Act declaring that the plots covered by the previous notification were needed for the same purpose as stated therein. When the Government started to erect structures on the land thus acquired the respondent moved the High Court under Art. 226 of the Constitution challenging the vires of the Act and impugning the legality of the proceedings taken under tile Act. The petitio...