STATE OF WEST BENGAL Vs. VISHNUNARAYAN AND ASSOCIATES PRIVATE LIMITED
SUPREME COURT OF INDIA (FROM: CALCUTTA)
STATE OF WEST BENGAL
VISHNUNARAYAN AND ASSOCIATES PRIVATE LIMITED
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Phukan, J. -
(1.)These appeals by special leave arise from the judgment of the Division Bench of the Calcutta High Court by which a batch of Writ Petitions filed under Article 226 of the Constitution was disposed of. By this judgment we dispose of all these appeals.
(2.)The undisputed facts are as follows:
(3.)The management of the Undertaking of the Company namely the Great Eastern Hotel Ltd. was taken over by the State Government by invoking the provisions of the Great Eastern Hotel (Taking Over of Management) Act, 1975. Subsequently by the Great Eastern Hotel (Acquisition of Undertaking) Act, 1980 (for short the 'Act of 1980'), the Undertaking of the Company i.e. the Great Eastern Hotel was taken over by the Government. The Government transferred the undertaking of the Company to the Great Eastern Hotel Authority (for short Hotel Authority), which was set up under Section 5 of the Act of 1980 except the lands and the building. On December 12, 1994, according to the direction of the State Government, the Great Eastern Hotel Authority issued a circular to various occupants of the premises of the hotel giving them an opportunity to establish if they had any right to remain in occupation but there was no response. On June 28, 1997, as the occupants failed to deliver possession, the representative of the Government went to the hotel premises and gave oral notice to the occupants to deliver possession. They were also informed that possession if not delivered, would be taken over by force. On June 29, 1997 the State Government removed the occupants from the hotel premises and took possession with the help of police.
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