- (1.) The petitioners in this WP under art.226 dated August 5, 2003 are seeking the following principal relief :- "a)Declaration that the acquisition proceedings being L.A. Case No. Act-1/9/99 in respect of Premises No. 42, Ripon Street, Kolkata has been lapsed by efflux of time in terms of Section 11A of the Land Acquisition Act, 1894 and the vacant possession of the said premises be handed over to the petitioners;"
(2.) In para.3 of the WP it has been stated that the property was requisitioned by an order dated June 10, 1942 issued under the Defence of India Rules; and that the then Government took possession of the property on June 30, 1942. The documents at pp.22 and 23 of the WP show that the property was again requisitioned with effect from April 1, 1983 under the provisions of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947.
(3.) It is not disputed that a notification dated January 19, 2000 was issued by the State Government under s.4 of the Land Acquisition Act, 1894. It was published in the Calcutta Gazette on January 20, 2000. The Government intended to acquire the property for a public purpose. It is not disputed that possession of the property was given by the State Government to Kolkata Municipal Corporation (in short KMC). The document at p.32 of the WP is a notice under s.9 of the Land Acquisition Act, 1894. The Land Acquisition Collector, Calcutta issued it to the first petitioner asking it to appear before him for stating its interest in the land and the amount and particulars of any claim it wished to make. It appears from the document that the s.6 declaration was made on January 2, 2001 and published in the Official Gazette on January 4, 2001.;