P.K.Chattopadhyay, J. - (1.) Petitioners filed the instant writ petition challenging the acquisition proceedings whereby the respondents had sought to acquire an area approximately 1000 sq. ft. in the North Western portion of the ground floor of premises No. 27 R.N. Mukherjee Road. The respondent authorities have invoked emergency powers under section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'said Act') for the purpose of acquisition of the aforesaid 1000 sq. ft. area in the aforesaid premises. The said premises No. 27 R.N. Mukherjee Road, Calcutta belongs to the petitioner No. 1 i.e. Hindustan Consultancy & Services Ltd.
(2.) By the order dated 9th November 1949, a portion measuring about 1000 sq. ft. area of the said premises No. 27 R.N Mukherjee Road was requisitioned under the provisions of the West Bengal Premises Requisition and Control Act, 1947. After requisition of the aforesaid portion at the said premises, the department of Post and Telegraph was put into possession and a Post Office was set up at the said premises.
(3.) Section 10B of the West Bengal Premises Requisition and Control Act, 1947 (hereinafter referred to as the "Control Act, 1947) came into force on 31st March 1987 and by virtue of the aforesaid provision of section 10B the requisitioned portion of the aforesaid premises stood automatically released after expiry of the period of 5 years from the date of coming into force of the West Bengal Premises Requisition and Control (Temporary Provisions) (Second Amendment) Act, 1986.;