R.F.NARIMAN,J. - (1.) Leave granted.
(2.) In the facts of these appeals, the entire second floor of premises no. 13, Nellie Sengupta Sarani (Lindsay Street), Calcutta ["the Premises"],measuring approximately 7500 square feet, owned by Punalur Paper Mills Ltd. ["Appellant"], was requisitioned under the West Bengal Premises Requisition And Control (Temporary Provisions) Act, 1947 ["West Bengal Requisition Act"] on 16.08.1973. Pursuant to certain judgments of this Court, section 10B was inserted in the West Bengal Requisition Act by way of an amendment on 31.03.1987. The said section reads as follows: "10B. Notwithstanding anything contained in section 10 or section 10A, the State Government shall release from requisition any property requisitioned or deemed to be requisitioned under this Act on or before the expiry of a period of twenty-five years from the date of such requisition: Provided that the benefit of this section shall not be available until after the expiry of a period of five years from the date of coming into force of the West Bengal Premises Requisition and Control (Temporary Provisions) (Second Amendment) Act, 1986."
(3.) As a result of the operation of section 10B of the West Bengal Requisition Act, any property requisitioned under the Act had to be released by the State Government on or before the expiry of a period of 25 years from the date of requisition. For the Premises, this 25-year period ended on 15.08.1998, obligating the State to release the Premises. It is common ground between the parties that the Premises was not in fact released and physical possession remained with the West Bengal Mineral Development and Trading Corporation Ltd. ["WBMDTCL"].;