K.RAMASWAMY, G.B.PATTANAIK
Nripati Ghoshal, First Land Acquisition Collector – Appellant
Versus
Premavati Kapur – Respondent
ORDER
Delay condoned.
Substitution allowed.
2. These appeals by special leave arise from the order of the Division Bench of the Calcutta High Court dated July 31, 1990 made in Appeal from Original Order No.T.3734/86.
3. The undisputed facts are that the premises bearing No.7, Chappel Road, Hastings, Calcutta was requisitioned on November 29, 1971 under section 3(1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (for short, the Bengal Act ) due to Bangladesh war. The Indian Navy had taken possession thereof and has remained in possession of the said premises. Subsequently, it would appear, the respondents had filed Matter No.1295/79 in the Calcutta High Court questioning the legality of the requisition. It would appear that proceedings were initiated as early as in 1975 for acquisition of the property and the correspondence between various Departments was going on. Notification under Section 4(1) of the Land Acquisition Act, 1894 (1 of 1984) (for short, the Act ) was published on November 26, 1981. Enquiry under Section 5-A was conducted. Thereafter, declaration under Section 6 was published on November 25, 1982. The writ petition pending in the H
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