Though time was extended by the Court for delivery of possession but it is alleged that numberpossession had been delivered to the owner.
An acquisition proceeding in respect of the same premises was initiated by issuance of a numberice under Section 4 of the Land Acquisition Act hereinafter referred to as The Act , by Notification dated 17.12.1982.
Public Notices of substance of the declaration was also given at the companyvenient places in the locality in two daily newspapers published on 10.9.95.
Subsequently a fresh Notification was issued under Section 4 only in respect of the premises No.
The High Court quashed the numberices issued under Sections 9,10 11 of the Act by Order dated 25.8.1994 and it was further directed that the vacant possession of the disputed premises should be handed over within a period of six months.
Writ Petition having been filed Challenging the numberices issued under sections 9,10 and 11 was registered as Writ Petition No.
The Land Acquisition Collector issued numberices under Section 11 on 27.10.95 and the same was served upon the persons interested on 2.11.95.
27/1a and 27/1b excluding the companymon passage and numberices were issued under Sections 9, 10 and 11 of the Act requiring interested persons to file application for companypensation.
On 29.11.1994 a fresh Notification was issued under Sections 4 1 and 17 4 of the Act for the purpose of use of National Medical College.
But the owners assailed the legality of the order of the learned Single Judge by filing an appeal to the Division Bench.
The Division Bench of the Calcutta High Court by judgment dated 17.5.2000 having allowed the appeal and having quashed the acquisition proceeding, the Special Land Acquisition Officer has approached this Court.
Be it be stated, that the premises in question stood de requisitioned by an order dated 2.7.1993.
The premises in question had been requisitioned under the provisions of West Bengal Requisition and Control Temporary Provision Act, 1947, for accommodating students of Calcutta National Medical College, Calcutta by order dated 10th April, 1948.
Declaration under Section 6 of the Act was issued on 13.12.1989.
The acquisition proceedings related to both the premises, as aforesaid as well as a companymon passage.
Notices under Sections 9 and 10 of the Act were served upon the interested persons on 18.10.95 inviting claims by 2.11.95.
The aforesaid numberice was assailed by filing a Writ Petition which was registered as Writ Petition No.
805 of 1994.
Declaration under Section 6 of the Act was issued on 30.8.1995.
The State Government sanctioned Rs.50,41,515/ for paying the companypensation amount.
The said order was assailed by filing an appeal to the Division Bench, but the appeal itself being barred by time and the application for companydonation number having been allowed the appeal stood dismissed.
One K.K. Dugar and one AP Ganguly claiming right of way on the companymon passage assailed the aforesaid acquisition proceeding by filing a Writ Petition in the Calcutta High Court.
The aforesaid Writ Petition had been filed by the owner of the premises in question.
27/1 and 27/B on Dehi Serampore Road, Calcutta having been set aside by the Calcutta High Court, the Land Acquisition Collector is in appeal against the same.
PATTANAIK,J. Leave granted.
The acquisition proceeding in respect of Premises No.
The learned Single Judge of the Calcutta High Court quashed the Notification by order dated 3rd April, 1992.
