JUDGMENT

Dalveer Bhandari, J. - This appeal is directed against the judgment of the Division Bench of the Calcutta High Court delivered in FMAT No.6 of 1997 dated 10th October, 2002.

2. The appellant is aggrieved by the Notification under Section 4 and declaration under Section 6 of the Land Acquisition Act, 1894 dated 13th December, 1994 and 23rd June, 1995 respectively published and made by the Government of West Bengal in respect of premises no.4, Pretoria Street, Calcutta measuring more or less 0.0988 hectare (0.2441 acre).

3. The appellant had challenged the said notification by filing a writ petition before the Calcutta High Court. The learned Single Judge had allowed the writ petition and quashed the notification. The said notification under section 4 reads as under:

"NOTIFICATION

Calcutta No.4364-LA(PW)/3P-21/94/Home (Police)

Dated, Calcutta the

13th December, 1994

WHEREAS it appears to the Governor that land is likely to be needed for a public purpose not being a purpose of Union namely for permanent accommodation of office-cum-residence of Dy. Commissioner of Police Security Control under Commissioner of Police, Calcutta, Home (Police) Deptt. Government of West Bengal in Po