- (1.) This appeal was against judgment and order of learned Single Judge dated 11th October, 1996 whereby and where under the land acquisition proceeding under the Act 1 of 1894 was quashed and also directed de-requisition of the property in question and to hand over possession of the same to the writ petitioner within the stipulated time mentioned therein. However, liberty had been given to the State to initiate fresh acquisition proceeding if necessary in accordance with law after de- requisition and making over possession of the said land.
(2.) The short fact leading to filing of the writ petition as above and also preferring the appeal is set out hereunder. On 1st April, 1942 the First Land Acquisition Collector Government of West Bengal passed an order in exercise of the power under Rule 75A of the Defence of India Rules, framed under section 2(5) of the Defence of India Act, 1939 whereby and where under the 3rd, 4th and 5th floor of premises No. 10, Madan Street, Calcutta 700 012 (here in after referred to as the said premises). There after, on or about 10th January, 1943 1st, 2nd and 4th floor of the said premises was requisitioned and the same was allotted to Air Raid Personnel. Thus on or about 10th January, 1943 requisition of the said premises in its entirety was completed. On 6th February, 1947, there had been an agreement for rent compensation between the Governor for the Province of Bengal and the owner of the premises, for payment and the said rent compensation under the agreement, was to be paid by the Revenue Department of the Provincial Government. The said Requisition of Land (Continuance of Powers) Act under D.I. Act continued till 1947. On 1st April, 1951 the Requisitioned Land (Continuance of Powers) Amendment Act, 1951 came into force and the requisition already done under the D.I. Rules was to continue so far as it relates to land requisitioned by and under the authority of the Central Government. On 24th April, 1953 the State Government informed the owner in question that the requisition would continue. On or about 14th April, 1946 the writ petitioner approached the State Government for release of the said premises however, on refusal of the State the owner filed writ petition on 19th August, 1973 for de-requisition of the same unsuccessfully. In the writ petition, it was one of the prayers that the requisition be declared null and void. In 1973 an appeal was preferred against the said judgment and order dismissing the writ petition however, the said appeal was withdrawn by the writ petitioners. After the factual development as aforesaid on 19th July, 1972 Finance (Taxation Department) had required the Government to acquire the said premises. On 18th January, 1974 notice under section 4 of the Land Acquisition Act, 1894 was published in Calcutta Gazette and objection was filed by the owners viz. writ petitioners against the said acquisition on 29th May, 1974. After considering objection the declaration under section 6 of the said Act was published on 10th June, 1975 thereby it was declared that the said premises was needed for public purpose. The owner of the property filed claim for compensation before the L.A. Collector on 15th February, 1976 and after issuance of notices under sections 9(3) and (4) of the Act 1 of 1894 and after hearing, the award was made on 12th February, 1979 assessing compensation of Rs. 11,20,721.00/-. On 26th March, 1979 being dissatisfied with the quantum of the award the writ petitioner made reference to the Collector under section 18 of the said Act for adjudication of the legitimate amount of compensation to the Land Acquisition Judge. The compensation amount of the award of Rs. 11,30,971/- was deposited with the Reserve Bank of India on 4th April, 1979. On 10th May, 1979 notice was issued to take possession of the said premises formally. On 18th May, 1979 writ petitioner purported to file written undertaking to give vacant possession of all the four floors of the said premises. On 29th June, 1979 in the said writ petition being Civil Rule No. 6976(W) of 1979 on which the impugned judgment and order was also passed, was filed and order of status quo was passed thereon. On 17th September, 1979, learned Trial Judge however vacated status quo order.
(3.) On appeal being preferred in 1980 an order was passed restoring status quo as on date of disposal of the appeal and was directed to continue till the disposal of the Rule. ON 19th December, 1996 a review application was filed against the judgment and order impugned and was dismissed on 11th March, 1998. Thereafter on 25th June, 1998 present appeal was preferred, with the application for condonation of delay which was allowed on 21st July, 1998. On behalf of the respondents a preliminary objection was taken as to maintainability of the appeal in view of dismissal of the review application which operate as bar to further proceedings.;