K.J. Sengupta, J.

1. THIS appeal was against judgment and order of learned Single Judge dated 11th October, 1996 whereby and where under the land acquisition proceeding under the Act 1 of 1894 was quashed and also directed de-requisition of the property in question and to hand over possession of the same to the writ petitioner within the stipulated time mentioned therein. However, liberty had been given to the State to initiate fresh acquisition proceeding if necessary in accordance with law after de- requisition and making over possession of the said land.

2. THE short fact leading to filing of the writ petition as above and also preferring the appeal is set out hereunder.

On 1st April, 1942 the First Land Acquisition Collector Government of West Bengal passed an order in exercise of the power under Rule 75A of the Defence of India Rules, framed under section 2(5) of the Defence of India Act, 1939 whereby and where under the 3rd, 4th and 5th floor of premises No. 10, Madan Street, Calcutta 700 012 (here in after referred to as the said premises). There after, on or about 10th January, 1943 1st, 2nd and 4th floor of the said premises was requisitioned and the same was allot