KAMAL TRADING PRIVATE LIMITED Vs. STATE OF WEST BENGAL
LAWS(SC)-2011-12-20
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on December 13,2011

KAMAL TRADING PRIVATE LIMITED Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Ranjana Prakash Desai, J. - (1.) Leave granted.
(2.) This appeal, by grant of special leave, is directed against the judgment and order dated 19/8/2009 passed by the High Court at Calcutta dismissing the appeal filed by the Appellant.
(3.) The Appellant, which is a private limited company was entrusted by seventeen joint owners of the premises known as Industry House at No. 10, Camac Street, Calcutta - 700 017 (for short, the said premises), to look after the day-to-day management and maintenance of the said premises as also to initiate proceedings for and on their behalf. The seventeen joint owners include Respondents 6, 7 and 8 herein and one Pilani Investment (hereinafter referred to as owner companies for convenience). They are seized and possessed of certain floors of the said premises. The State of West Bengal requisitioned the said floors under the provisions of the West Bengal Premises Requisition and Control (Temporary Provision) Act, 1947 (for short, the 1947 Act). Under the 1947 Act, the maximum period of requisition was fixed at 25 years from the date of initial order of requisition and the State Government was obliged to release the property under requisition after expiry of 25 years. It is the case of the Appellant that, in fact, the release of the said floors was in contemplation of the concerned authorities. However, enquiries made by the Appellant revealed that the State Government was planning to acquire the said premises in exercise of its powers under the Land Acquisition Act, 1894 (for short, the LA Act). The Appellant along with owner companies, therefore, filed Writ Petition No. 22859 (W) of 1997 praying for a writ of mandamus directing the State to release the said floors from requisition.;


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