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2010 Supreme(SC) 1560

R.V.RAVEENDRAN, H.L.GOKHALE
State of West Bengal – Appellant
Versus
Bireswar Dutta Estate Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Avijit Bhattacharjee, Adv., Ms. Sarbani Kar, Adv., Mr. Bidyabrata Acharyya, Adv., Ms. Debjani Das Purkayastha, Adv., Mr. Tara Chandra Sharma, Adv.
For the Respondent: Mr. Rana Mukherjee, Adv., Mr. Sanjay Hedge, Adv., Ms. Ankita Mishra, Adv., Mr. Goodwill Indeevar, Adv., Mr. Sanjay R. Hegde, Adv., Mr. Pranab Kumar Mullick, Adv.

ORDER :

Premises No.32A, Brabourne Road, Kolkata, which had been requisitioned for housing the Headquarters of Traffic Police Guard in the year 1958 was derequisitioned on 25.3.1992. The possession of the property continued with the police department and it was proposed to be acquired and Preliminary Notification dated 28.9.1994 was issued under Section 4(1) of the Land Acquisition Act, 1894, (’Act’ for short). The said acquisition proceedings lapsed as the final declaration was not issued within one year. Subsequently another preliminary notification dated 4.3.1996 was issued under section 4(1) of the Act. The said notification was published in the State Gazette dated 25.3.1996. The notification was published in two newspapers circulating in the locality on 9.3.1996 and 10.3.1996. As there was a misprint in the date of the Gazette, an erratum notification was published in the Calcutta Gazette on 1.4.1997. Public Notice of the substance of the said notification was published in the locality on 30.6.1997. The final declaration dated 11.8.1997 under Section 6 of the Act was published in the Gazette on 12.8.1997.

2. Respondents 1 and 2, who are the owners of property filed Civil Suit No

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