JUDGMENT

1. The appellants are aggrieved by the order of the Calcutta High Court, which annulled the invoking of Section 17 of the Land Acquisition Act, 1894 (for short, "the Act") by the State Government for the acquisition of premises No. 14 and 12/1, Hare Street, Calcutta.

2. There is no dispute between the parties that possession of the premises in question was taken by the Government before independence in March, 1944 by invoking the provisions of the Defence of India Act. After 15 years, the State Government issued order dated 30.9.1959 under Section 3(1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (for short, "the 1947 Act") for requisition of the premises.

3. After 31 years, the respondents filed Writ Petition No.3601 of 1990 questioning the continued possession of the premises by the appellants. The learned Single Judge of the High Court allowed the writ petition and issued a mandamus for restoration of the premises to the respondents. Notification dated 27.8.1990, issued by the State Government under Section 4(1) of the Act for acquisition of the premises, was quashed by the High Court in Writ Petition No. 1382 of 1991.