SABYASACHI MUKHARJI, J.

( 1 ) THE petitioner is the owner of premises No. 98, Ashutosh Mukherjee Road, Calcutta, with all the structures standing thereon. The petitioner states that the said premises is occupied and partly used by the petitioner for his residential purpose and as partly his business purposes. On 8th January, 1974, the petitioner received a notification published in the Calcutta Gazette. The said notification which is annexure B to the petition, inter alia, states as follows:". . . . . . . . . Whereas it appears to the Governor that land is likely to be needed for a public purpose, namely, for construction of Mass Rapid Transit System and other connected works relating to the said system from Dum Dum to Tollygunge in the city of Calcutta, it is, hereby notified that piece of land comprising premises Nos. 29 and 98, Ashutosh Mukherjee Road and 1, Mohani Mohan Road, described in Block I and II in the Schedule below altogether measuring, more or less, 0. 0891 hectare (0. 2201 of an acre), are likely to be needed for the aforesaid purpose at the public expenses within the Ward Nos. 73 and 75 of the Calcutta Municipality in the City of Calcutta. This notification is mad

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