D.Basu, J. - (1.)These two Rules relate to the same proceeding for acquisition under the Land Acquisition Act. Though numbered later, C. R. 1140 (W)/67 is, in fact, earlier in point of time.
(2.)The two cases relate to proceedings for acquisition of the petitioners' land as described at Annexure A of the petition, under the Land Acquisition Act (hereinafter referred to as 'the Act'). The notification under Section 4 was issued as early as the 2nd Feb. 1962 and is to be found at Annexure B to the Petition in C. R. 1140. Shortly after this notification was issued, on March 27, 1962, the petitioners moved this Court under Art 226 of the Constitution and obtained C. R. 204(W)/62. That petition was, however, withdrawn with liberty to bring a fresh one and by virtue of that liberty, the petitioners filed the petition on May 28, 1962, which was numbered 320(W)/62, but that was dismissed in limine. On appeal, that order of dismissal was set aside and a Rule was issued by the Appeal Bench, on July 3, 1967 and that Rule now constitutes C. R. 1140(W)/67. As stated earlier, C. R. 1140 challenges the validity of the Section 4 notification only.
(3.)On May 16, 1962, the petitioners brought the next petition which has been numbered C. R. 295(W)/62, on the allegation that when they had brought the earlier application on March 27, 1962, they had no knowledge that a declaration under Section 6, too, had been issued in the Acquisition proceedings in respect of the disputed lands, but that they had since come to know of it from the copy of a petition of Respondent no. 4 (Konnagar Kalyan Parishad) served upon them on April 30, 1962. In this petition, therefore, the petitioners have challenged the validity of the declaration under Section 6, dated February 27, 1962, which is to be found at Annexure B of the petition in C. R. 295.