In other words, for the last more than 63 years the office of Dy.
The land the purpose for which it was being used from the year 1943 and the land the companyered area 15 ft.
The appellant had filed his objections under Section 5A of the Act.
The requisition thereof was to remain valid for a period of six months from 12th December, 1985 and the requisition in regard to the garden was put to an end with the direction to hand over the possession to the appellant with liberty to acquire at the same time.
It was published in the newspaper on 6 and 7th July, 1995 and in the official gazette on 7th August, 1995.
The order of acquisition of vacant land at the back of the building beyond 15 ft.
8407 W of 1987 .
The objections of the appellant were heard by the companypetent authority and thereafter, declaration under Section 6 of the Act was issued by the companypetent authority on 23rd June, 1995.
of the vacant land at the back side of the building therefore stands annulled.
Commissioner of Police Security Control under Commissioner of Police, Calcutta, Home Police Deptt.
The appellant had challenged the said numberification by filing a writ petition before the Calcutta High Court.
The said order of requisition having been quashed by the Courts order dated 18th August, 1993, the Governments possession of land sought to be acquired became illegal and unauthorized.
By order of the Governor, K. Guha Roy Deputy Secretary to the Govt.
In this background, the respondent State Government published the numberification dated 13th December, 1994 in the official gazette on 21st December, 1994 under Section 4 of the Land Acquisition Act of 1894.
The respondent Government of West Bengal companytinued to use the said requisitioned land for the same purpose as before.
South by Premises No.5, Pretoria Street West by Premises Nos.12 15, Lord Sinha Road is likely to be needed for the aforesaid public purpose at the public expense within the aforesaid Ward of the Calcutta Municipal Corporation in the City of Calcutta.
According to the appellant, number delivery of possession of the land had vitiated the Notification under Section 4 of the Land Acquisition Act so as to make it a nullity.
In Writ Petition No.3798 of 1992, the numberice dated 14th September, 1992 under Section 5 3 of the West Bengal Act 2 of 1948 and in FMAT No.2224 of 1987 was set aside on the ground that despite the judgment of the Division Bench in FMAT No.2224 of 1987, the said numberice had been issued.
A plan of the land may be inspected in the Office of the First Land Acquisition Collector, Calcutta, at No.5, Bankshall Street, Calcutta 700 001.
In the instant case, numberaward has been passed, the possession of the land had always remained with the Government.
The respondent Government preferred an appeal FMAT No.
Commissioner of Police Security Control started functioning at the said premises.
of N. Bengal, in Police Station Park Street, District Calcutta, Ward No.63 of Calcutta Municipal Corporation, it is hereby declared that a piece of land companyprising premises No.
of the existing building was delivered back by the respondent State to the appellant.
The possession of the land had number been handed over to the respondent in spite of Courts order dated 18th August, 1993 passed by the learned Single Judge.
The said appeal was disposed of by the judgment of the Division Bench dated 12th December, 1985.
By a subsequent order dated 8th July, 1994 passed in Writ Petition No.3798 of 1992, the learned Single Judge was pleased to modify his order dated 18th August, 1993 to the effect that the said order would number prevent the Government from issuing fresh numberice in terms of the orders of the Court, for acquisition of the land within the period of six months after they wanted to acquire the land.
Commissioner of Police Security Control has been companytinuously functioning from the said premises.
Commissioner of Police Security Control under Commissioner of Police Calcutta, Home Police Deptt.
According to the appellant, the numberification under Section 4 of the Land Acquisition Act companyld number have been validly issued in respect of the land, possession whereof had been retained illegally by the State Government.
The appellant is aggrieved by the Notification under Section 4 and declaration under Section 6 of the Land Acquisition Act, 1894 dated 13th December, 1994 and 23rd June, 1995 respectively published and made by the Government of West Bengal in respect of premises number4, Pretoria Street, Calcutta measuring more or less 0.0988 hectare 0.2441 acre .
In the impugned judgment and other judgments delivered from time to time, the other facts regarding requisition and acquisition have been incorporated.
In exercise of the powers companyferred by the aforesaid Section, the Governor is pleased to authorise the Officers for the time being engaged in the undertaking, with their servants and workmen, to enter upon and survey the land and do all other acts required or permitted by that section.
In the said declaration, it is clearly incorporated that the said piece of land is needed for office cum residence of Dy.
By Order of the Governor N. Khan Deputy Secretary to the Govt.
As regards the declaration, it has been companytended that the learned Single Judge should number have decided the question of validity by relying on a printing mistake appearing in the declaration which had been published in the newspaper because the purported vagueness indicated by the learned Single Judge did number exist and a real one as was apparent from the Notification itself and the declaration published in the official gazette.
It was further asserted by the appellant that the very fact of Government publishing the Notification under Section 4, while illegally retaining possession of the land was sufficient to hold that the power was exercised mala fide.
The learned Single Judge came to the companyclusion that possession of the land companyld be taken by the Government only after passing of an award under the provisions of the Act 1 of 1894.
It was companytended by the respondent before the Division Bench that since the Government had been granted liberty to take steps for acquisition of the land and the Notification under Section 4 of the Act 1 of 1894 was issued pursuant to grant of such liberty, there was numberscope and reason for the State Government to give back possession of the land to the appellant as a companydition precedent for initiation of proceedings.
The learned Single Judge disposed of the said Civil Rule 8407 W of 1987.
The said numberification under section 4 reads as under NOTIFICATION Calcutta No.4364 LA PW /3P 21/94/Home Police Dated, Calcutta the 13th December, 1994 WHEREAS it appears to the Governor that land is likely to be needed for a public purpose number being a purpose of Union namely for permanent accommodation of office cum residence of Dy.
The Government was granted liberty to acquire the land in accordance with law but that liberty was subject to handing over the derequisitioned land to the respondent.
The appellant submitted that the publication of the Notification under Section 4 of the Act 1 of 1894 without first delivering back possession of the land to the respondent in terms of the companyrts order passed in Writ Petition No.3799 of 1992 amounted to practicing fraud by the government upon the statute.
The appellant challenged the said order and numberice under Sections 3 1 and 4 1a of the West Bengal Act 2 of 1948 by filing a third Writ Petition Civil Rule No.
It was asserted by the appellant that having abandoned the earlier proceedings initiated under the West Bengal Act 2 of 1948, as was evident from the fact of publication of the impugned Notification under Section 4 read with Section 4 of the Act No.1 of 1894, the State Government had lost the right to retain the possession of the land.
This Notification is made, under the provisions of Section 4 of Act I of 1894 to all whom it may companycern.
of W.B. C.A. 2744 2 /95 Date 28.6.95.
Any person interested in the above land, who has any objection to acquisition thereof, may within thirty days after the date on which public numberice of the substance of this Notification is given in the locality, file an objection in writing before the First Land Acquisition Collector, Calcutta, at No.5, Bankshall Street, Calcutta 700 001.
The learned Single Judge had allowed the writ petition and quashed the numberification.
A plan of the land may be inspected in the Office of the First Land Acquisition Officer, Calcutta, at No.5, Bankshall Street, Calcutta 700 001.
It was further incorporated that the Government had earlier been companytinuing possession of the land only in terms of the requisition order dated 31st May, 1986.
2224 of 1987 and it was disposed of by the Division Bench on 7th September, 1990.
5025 W of 1986 .
It may be pertinent to mention that the appellant instead of making any claim for the grant of companypensation, filed Writ Petition Nos.3798 3799 of 1992.
Government of West Bengal in Police Station District Calcutta Ward No.63 of Calcutta Municipal Corporation, it is hereby numberified that a piece of land companyprising Western portion of premises No.4, Pretoria Street, Calcutta and measuring more or less 0.0988 hectare 0.2423 acre and bounded as specified below North by Pretoria Street East by Remaining portion of Premises No.4, Pretoria Street.
Western portion of Premises No.4, Pretoria Street, Calcutta and measuring more or less 0.0988 hectare 0.2441 acre and bounded on the North by Pretoria Street East by Remaining portion of Premises No.4, Pretoria South by Premises No.5, Pretoria Street West by Premises No.12 15, Lord Sinha Road is needed for the aforesaid public purpose at the public expense partly at the public expenses and partly at the expense of within the aforesaid ward of the Calcutta Municipal Corporation in the City of Calcutta.
Admittedly, the premises and the land appurtenant to the premises has been companytinuously in possession of the respondent State Government since 1943 and from year 1943, the said premises is being used as the office of the Dy.
Consequently, on 12th June, 1991 physical possession of the land beyond 15 ft.
After the acquisition of the said premises in the year 1943, both office and residence of the Dy.
The respondent State preferred an appeal FMA No.508 of 1985 .
Again, by order dated 30th January, 1959 issued under Section 3 1 of the West Bengal Premises Requisition and Control Temporary Provision Act, 1947, the Government requisitioned the said land and companytinued to use the same for the same purpose.
The appellant purchased the said land on 27.9.1982 along with the existing building.
The respondent Government once again requisitioned the said land by making an order dated 31st May, 1986 under Section 3 1 of the West Bengal Act 2 of 1948.
The writ petition was allowed by the learned Single Judge vide judgment dated 17th September, 1985.
as upheld by the Division Bench in FMAT No.2224 of 1987 at the same premises was needed by the State Government at the public expense.
In the numberification, the same public purpose was indicated that the premises were required for the office of Deputy Commissioner of Police Security Control which had been in possession of respondent State of West Bengal since 1943.
The possession would have been taken only in terms of the provisions of Section 16 of the Act 1 of 1894.
Commissioner of Police Security Control .
A numberice dated 14th September, 1992 under Section 5 3 of the West Bengal Act 2 of 1948 was issued by the First Land Acquisition Collector, Calcutta inviting the respondents to make their respective claims to companypensation for the said land already acquired by the Government by publishing the said numberice dated 14th August, 1986 under Section 4 1a of the West Bengal Act 2 of 1948.
Thereafter, for acquiring the said land, the government published a numberice dated 14th August, 1986 under Section 4 1a of the West Bengal Act 2 of 1948 in the official gazette on 16th August, 1986.
Commissioner of Police Security Control at the public expense.
The appellant filed a writ petition being W.P. No.872 of 1984 before the Calcutta High Court in the year 1984.
By the order passed in Writ Petition No.3799 of 1992, the requisition order dated 30th January, 1959 was set aside together with the direction to the State Government to deliver the vacant possession of the land and the building to the appellant within six months.
Against the order of the Division Bench, special leave petition filed by the respondent State was dismissed by this Court.
of West Bengal.
Thereafter, on 23.6.1995, declaration under section 6 was issued by the Government of West Bengal.
The appellant apprehending acquisition of the said land under the provisions of the West Bengal Land Requisition and Acquisition Act, 1948, on 25th April, 1986 moved the second Writ Petition Civil Rule No.
Commissioner of Police Security Control , and the first floor thereof, as residential accommodation of the said officer.
The reasons for setting aside section 4 numberification and declaration under section 6 of the Land Acquisition Act, were as follows I the publication thereof, having number been preceded by handing over vacant possession of the land, by the Government to the respondents, in companypliance with the order dated 18th August, 1993, passed by the learned Single Judge in Writ Petition No.3799 of 1992, had amounted to practicing fraud by the Government upon the statute II the declaration under Section 6 was set aside on the ground that the statement incorporated in the said declaration that the said premises was being acquired partly at the public expense and partly at the expense of within the aforesaid ward as published in the newspaper indicated total number application of mind by the companycerned authorities.
Both the said order under Section 3 1 and Notice under Section 4 1a were set aside.
On 28th December, 1947, the Government of West Bengal de requisitioned the said land, but detained possession thereof.
The said declaration as published in Calcutta Gazette reads as under DECLARATION Calcutta No.4059 L.A./3P 21/94/Home Police Dated 23.6.95 WHEREAS the Governor is satisfied that land is needed for a public purpose being number being a purpose of Union, namely for permanent accommodation of office cum residence of Dy.
Dalveer Bhandari,J. This appeal is directed against the judgment of the Division Bench of the Calcutta High Court delivered in FMAT No.6 of 1997 dated 10th October, 2002.
In the year 1943, under the Defence of India Rules, the premises situated at 4, Pretoria Street, Calcutta was requisitioned by the Government of West Bengal.
After requisition, the Government started using the ground floor of the two storeyed building, standing thereon, as office of the Dy.
This Declaration is made under the provision of Section 6 of Act 1 of 1894/read with the said Notification, to all whom it may companycern.
