- (1.) In this proceeding under Article 226 of the Constitution of India the petitioners have questioned the validity of a Notification dated 28-2-1985 issued under S.4 of the Land Acquisition Act 1894 (hereinafter referred to as LA Act) and a Declaration dated 18-3-1987 made under S.6 of the LA Act. The Notification and the Declaration are in respect of eastern portion of ground floor along with mezzanine floor at premises No. 7/1-D Lindsay Street, Calcutta.
(2.) I will briefly refer to the facts. The petitioners are the trustees of Seth Mannalal Surana Memorial Trust. The trust is the owner of the land and building situate at premises No. 7/1-D, Lindsay Street, Calcutta. The building is 6 storeyed. The entire building has been leased out by the Trust to Smt. Jiwani Kumari Parakh who has been impleaded as respondent No. 6. The respondent No. 6 has let out a substantial portion of the building to a number of tenants. There are a number of shops in the ground floor of the building. One of these shops is known as 'Manjusha'. Manjusha is one of the retail shops run by the West Bengal Handicraft Development Corporation Limited which is respondent No. 4. The impugned Notification and Declaration are in respect of that portion of the building which is occupied by "Manjusha".
(3.) The very area which is the subject matter of the impugned Notification and Declaration was requisitioned by the Government of West Bengal by an order of Requisition No. 21/58 REQN. dated 25-2-1958 which was substituted by Requisition Order No. 123/60/REQN. dated 10-11-1960 issued under the West Bengal Premises Requisition and Control (Temporary Provisions) Act 1947 for establishing the main sales show room of the respondent No. 4. This is how Manjusha came to Lindsay Street.;