(1.)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.
(2.)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 no.4, Pretoria Street, Calcutta measuring more or less 0.0988 hectare (0.2441 acre).
(3.)The appellant had challenged the said notification by filing a writ petition before the Calcutta High Court. The learned Single Judge had allowed the writ petition and quashed the notification. The said notification 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 not being a purpose of Union namely for permanent accommodation of office-cum-residence of Dy. Commissioner of Police Security Control under Commissioner of Police, Calcutta, Home (Police) Deptt. Government of West Bengal in Police Station District Calcutta Ward No.63 of Calcutta Municipal Corporation, it is hereby notified that a piece of land comprising 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
Remaining portion of Premises No.4, Pretoria Street.
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.
This Notification is made, under the provisions of Section 4 of Act I of 1894 to all whom it may concern.
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.
In exercise of the powers conferred 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.
Any person interested in the above land, who has any objection to acquisition thereof, may within thirty days after the date on which public notice 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.
By Order of the Governor
Deputy Secretary to the
Govt. of West Bengal."