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TMI Blog1986 (2) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose viz. for the re-settlement of immigrants who have migrated into the State of West Bengal on account of circumstances beyond their control. The area involved in the proceedings is 3.85 acres, in extent. It appears that the respondents in this case; the owner of the land, discovered after receipt of notice of acquisition, on inspection of records at the office of the Special Land Acquisition Officer, Alipore, that the land was required not for the purpose mentioned in the notification but for the Society of Experimental Medical Science (India) for construction of a hospital for crippled children at the expenses of the said Society. They then applied for the copies of the two letters which contained this disclosure. Finding that the real purpose of acquisition is different, from the one made in the notification, they addressed a letter to the Land Acquisition authorities requesting them to cancel the notification and the land acquisition proceedings on the ground that they were made under colourable exercise of powers. There was no response. Hence they moved the Calcutta High Court by writ petition CR No.361(W) of 1964, to quash the notification and the subsequent proceedings, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of circumstances beyond their control, (ii) the establishment of towns, model villages and agricultural colonies, (iii) the creation of better living conditions in urban and rural areas, and (iv) the improvement and development of agriculture, forestry, fisheries and industries; but does not include a purpose of the Union; Section 8(1)(b) is the other section that has to be taken into account. This reads as follows: 8(1) After making a declaration under Section 6, the State Government may acquire the land and thereupon the provisions of the Land Acquisition Act, 1894 (hereinafter in this section referred to as the said Act), shall, so far as may be, apply: Provided that- (a) ........... (b) in determining the amount of compensation to be awarded for land acquired in pursuance of this Act the market value referred to in clause first of sub-section (1) of section 23 of the said Act shall be deemed to be the market value of the land on the date of publication of the notification under sub-section (1) of section 4 for the notified area in which the land is included subject to the following condition, that is to say, if such market value in relation to land acqu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;settlement' and not 're-settlement'. Now, what remains is the question whether the public purpose mentioned in the notification is different from the purpose to which it is proposed to be utilised, accepting the plea of the respondent that the purpose is the construction of hospital for crippled children by the Society. We will refer to the letters on which strong reliance is placed by the respondents. The first letter is dated 6.9.1962, from the Refugee Rehabilitation Commissioner, West Bengal, to the Assistant Secretary, R.R. R. Department. The subject is mentioned as Allotment of land in Mouza Palpara, P.S. Baranagar, Distt. 24 Parganas, to the Society of Experimental Medical Sciences, India, for construction of a hospital for the crippled children. The letter states that an area of 1.10 acres of land out of a total declared area of 3.85 acres has been decided to be handed over to the Society of Experimental Medical Sciences, India, for construction of a hospital for crippled children. The rest of the declared area will be handed over to the Society on receipt of the same from the Collector after award. From this letter it is clear that the proposed hospit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to do with rehabilitation of displaced persons. In Collins Dictionary of the English Language, the meaning for the word 'rehabilitate' is given as to help a person (who is physically or mentally disabled or has just been released from prison) to readapt to society or a new job as by vocational guidance, retraining or therepy....... . By rehabilitation what is meant is not to provide shelter alone. The real purpose of rehabilitation can be achieved only if those who are sought to be rehabilitated are provided with shelter, food and other necessary amenities of life. It would be too much to contend, much less to accept, that providing medical facilities would not come within the concept of the word 'rehabilitation'. No detailed discussion is necessary to hold that putting up of a hospital and in particular one for crippled children is one of the important facets of the concept of 'rehabilitation of displaced persons'. Displaced persons are an unenviable section of society. They bring with them not only misery and poverty but ailments also. Their children will be afflicted by manifold ailments. To provide a hospital for the disabled and for the crippled ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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