- (1.) In this application under Article 226 of the Constitution of India the petitioner is challenging a Notification dated the 28th June, 1979 published in the Calcutta Gazette on the 29th June, 1979 under S. 4 of the Land Acquisition Act of 1984 (hereinafter referred to as the said Act). I shall set out herein the facts of this case so far as they are relevant for the purpose of the disposal of the Rule herein.
(2.) The petitioner is a trust known as "Debuttur Estate of Sree Purushottam Bhagwan". Premises No.77/2, Park Street, Calcutta (hereinafter referred to as the said premises) forms a part of the said trust estate. The said premises comprised of a six-storeyed building covering an area measuring approximately 9 cottahs and vacant land appurtenant to the said building measuring approximately 2 cottahs. On the said vacant land there stands a structure which at all material times was and still is utilized for garage and godown purpose. The respondent No.3 i.e. the West Bengal Board of Secondary Education (hereinafter referred to as the Board) was at all material times and still is a tenant in possession of the said premises under the petitioner at a monthly rent of Rs.8000/- per month. The Board has its office in the said building and is utilizing the said structure on the said vacant land for its godown and garage purpose.
(3.) Originally by way of Gazette Notification dated 29th April, 1977 (hereinafter referred to as the first notification) a notification under S. 4 of the said Act was issued in respect of the said premises. On 22nd August 1977 the petitioner made an application in this Court in its Constitutional Writ Jurisdiction challenging the said first notification dated 29th April, 1977. A Rule and an ad-interim order of injunction was issued in this case being Matter No.762 of 1977 (Bhagwandas Shaw v. State of West Bengal & Ors.). The said Matter No.762 of 1977 was ultimately disposed of by this Court on 30th September, 1977, when the Rule Nisi was made absolute and the said first notification was quashed. The respondents were restrained from giving effect to the said notification. Thereafter by an order dated 29th June, 1979 published in the Calcutta Gazette of the same date the first notification was cancelled. What happened thereafter is that the notification dated 28th June, 1979 was issued and published in the Calcutta Gazette on the 29th June, 1979.This was a notification under S. 4 of the said Act. This is the notification which is challenged in this proceeding. A Rule and an ad-interim order was issued.;