Harish Tandon, J. - (1.) The Court : On an earlier occasion the state was represented and advanced submission on Sections 49 and 49A of the Land Acquisition Act, 1894. There is no representative on behalf of the state when the matter is taken up. Mr. Alok Kumar Ghosh, learned Counsel appeared for the Corporation and advanced his argument to the effect that the said property was requisitioned under the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 and they are still in possession thereof.
(2.) According to Mr. Ghosh, the acquisition proceeding which was initiated on the requirement of his client has not achieved finality because of several litigations at the instance of the petitioners or their predecessor-in-interest up to the Supreme Court. Mr. Ghosh, further submits that the said property is still required by the Kolkata Municipal Corporation as the purpose for which it was requisitioned and subsequently acquisitioned has not been lost. Mr. Ghosh would further submit that the amount has already been deposited with the Collector and the Corporation should not be penalized for that.
(3.) A little background of the present litigation is required to be adumbrated before this Court proceeds to deal with the points urged in the instant writ petition. Admittedly, the petitioners or their predecessor-in-interest are the owner of the premises in question by the dint of purchase from the then erstwhile owner. The first Land Acquisition Collector requisitioned the northern portion of the first floor on 7.11.1965 invoking the provisions of West Bengal Premises Requisition and Control (Temporary Provision) Act, 1947 for accommodating the election authority of the Kolkata Municipal Corporation. The northern portion of the third floor was further requisitioned by the said authority on 31st August, 1979 invoking the provisions of the said Act for the identical purposes. The third notice of requisition was issued on 4th October, 1986 for remaining portion of the 3rd Floor and, thereafter, the Kolkata Municipal Corporation is in occupation and possession of requisitioned premises. A writ petition was moved before this Court questioning the requisition of the part of the premises in matter No. 407 of 1986 which was disposed of on 28th July, 1988, permitting the State Authorities to take decision for acquisition of the requisitioned premises under Act I of 1894. Pursuant to the said direction passed by this Court, a notification under Section 4 of Act I of 1894 was duly published on 27th July, 1989 in widely circulated newspaper inviting the objections from the persons affected by such notification. An objection under Section 5A of Act I of 1894 was filed by the predecessor-ininterest of the present petitioner and after disposal of the said objection the declaration under Section 6 of the said Act was made and published on 10th January, 1990.;