SAHIDULLAH MUNSHI, J. - (1.) These appeals filed by the State of West Bengal arise out of a common judgment and decree dated 14th January, 2004, passed by the learned Additional Special L.A. Judge, 4th Court, Alipore, South 24-Parganas, in identical L.R.A. Case Nos.7 to 12 of 2001and L.R.A. 15 to 23 of 2001, which arose from L.A. Case No.19/82/2/48. Since these appeals involve identical question of law and fact with regard to the requisition and acquisition of properties of 15 referring claimants heard the appeals being F.A. No.51 of 2011 to F.A. No.65 of 2011 analogously and are disposing the same of by a common judgment and order.
(2.) Precisely the fact of the case is that land comprised in premises No.17, Convent Road, situated in the heart of the city of Calcutta, measuring about 9 bighas 4 cottahs 8 chittaks 44 square-feet was taken possession of by the Land Acquisition Collector, Calcutta on requisition thereof in exercise of his power conferred upon him under the provisions of Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter to be referred as the said Act of 1948).
(3.) The said requisition, ultimately, resulted in acquisition by publishing notice in the official gazette under Section 4(1a) of the said Act of 1948 being notification No.5048-LA(2) dated 13th September, 1985 which was published in the Extraordinary edition of Calcutta Gazette dated 23rd September, 1985 and on such publication the said landed property stood vested to the State of West Bengal free from all encumbrances.;