HARISH TANDON,J. - (1.) The instant writ petition was filed way back in 1995 challenging the notification issued under section 4 (1) of Land Acquisition Act, 1894 primarily on the premise that the State Government cannot invoke emergent provision i.e Section 17 when the premises is likely to be needed for public purposes. In other words, the petitioner says that if there was no urgent requirement of the land/premises as the authorities were not sanguine whether the same is immediately needed, the invocation of emergency provision is per se infirm and/or illegal.
(2.) A little background of the instant litigation is to be required adumbrated to address the issue raised in the instant writ petition. Admittedly, the premises in question was requisitioned under Act V of 1947. The said Act was replaced by the West Bengal Premises (Requisitioned and Controlled) Act, 1986. The action taken under Act V of 1947 was saved up to the period of five years from the date of coming into force of the new Act which admittedly expired sometime in 1991. It is an admitted position that the premises which was requisitioned under Act V of 1947 was de-requisitioned.
(3.) According to the State, the possession of the requisitioned property was not given to the petitioner as the authority decided to acquire the said property for public purposes.;