( 1 ) THIS appeal is directed against an order of Sinha J. dated 5-1-1954, issuing a writ of mandamus upon the appellant (corporation of Calcutta as well as the State of West Bengal, directing them to forbear from proceeding to acquire the un-acquired portion of premises No. 67, Pipe Road within police station Watgunge, District 24-Parganas. The facts are these: in 1927 the Corporation of Calcutta prepared a scheme for the development of the Mansatala area in Kidderpore by construction of cross roads, providing for children's playground and widening of Manashatala Lane and at their instance the then Government of Bengal started acquisition proceedings in respect of an area of 15 Bighas and 11 cottas. For that purpose, a declaration under Section 6 of the Land Acquisition Act, being Notification No. 12239 L. A. dated 29-7-1927 was published in the Calcutta Gazette on 4-8-1927. The declared area comprised within itself premises No. 67, Pipe Road (formerly 21, Dent Mission Road) measuring about 11 cottas with a two-storied building and other structures standing thereon which belonged to one Torab Ali Serang since deceased. The scheme prepared by the Corporation provided no