STATE OF WEST BENGAL Vs. VISHNUNARAYAN AND ASSOCIATES PRIVATE LIMITED
LAWS(SC)-2002-3-12
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on
March 19,2002
STATE OF WEST BENGAL
Appellant
VERSUS
VISHNUNARAYAN AND ASSOCIATES PRIVATE LIMITED
Respondents
Referred Judgements :-
BISHAN DEVI VS. STATE OF PUNJAB [REFERRED]STATE OF UTTAR PRADESH LUCKNOW DEVELOPMENT AUTHORITY VS. MAHARAJA DHARMANDER PRASAD SINGH:MAHARANI RAJLAXMI KUMARI DEVI [REFERRED]
Cited Judgements :-
DHURJATI PROSAD DAS VS. UNION OF INDIA [LAWS(CAL)-2013-8-95] [REFERRED TO]UPPALAPATI VENKATA SATYANARAYANA PRABHAS RAJU VS. STATE OF TELANGANA [LAWS(TLNG)-2019-4-91] [REFERRED TO]
KALPANA VS. EXECUTIVE ENGINEER CUM ADMINISTRATIVE OFFICER, TIRUNELVELI DIVISION, TAMIL NADU STATE HOUSING BOARD [LAWS(MAD)-2011-2-788] [REFERRED]
ABHIJIT TEA COMPANY PVT. LTD. VS. STATE OF WEST BENGAL [LAWS(CAL)-2017-3-97] [REFERRED TO]
DHEERA SINGH VS. UT CHANDIGARH ADMN. [LAWS(P&H)-2012-11-35] [REFERRED TO]
DHEERA SINGH VS. UT CHANDIGARH ADMN. [LAWS(P&H)-2012-11-35] [REFERRED TO]
SHREE NARAYAN SINGH VS. STATE OF U P [LAWS(ALL)-2013-10-65] [REFERRED TO]
KAKU RAM VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-2022-7-41] [REFERRED TO]
HIMACHAL PRADESH CRICK VS. STATE OF H.P. [LAWS(HPH)-2013-11-57] [REFERRED TO]
IN RE: WELLMAN INCANDESCENT INDIA LTD. VS. WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. [LAWS(CAL)-2007-4-72] [REFERRED TO]
TAPAS DEY VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-7-13] [REFERRED TO]
R.M. YADAV AND ORS. VS. UUION OF INDIA (UNION OF INDIA) AND ORS. [LAWS(DLH)-2009-3-285] [REFERRED TO]
FORTUNE DEVELOPERS AND INFRASTRUCTURE VS. PUNE MUNICIPAL CORPORATION [LAWS(BOM)-2024-8-25] [REFERRED TO]
VIJAY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-7-277] [REFERRED TO]
VIRENDRA KUMAR DIXIT VS. STATE OF U.P. [LAWS(ALL)-2014-10-43] [REFERRED TO]
BHEEKAM CHANDRA VS. STATE OF U P [LAWS(ALL)-2012-5-65] [REFERRED TO]
MEGHMALA VS. G NARASIMHA REDDY [LAWS(SC)-2010-8-43] [REFERRED TO]
MRIDULA SINGH VS. LUCKNOW DEVELOPMENT AUTHORIY GOMTI NAGAR LKO [LAWS(ALL)-2024-5-40] [REFERRED TO]
S R P OIL PVT LTD, VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-9-44] [REFERRED TO]
MUKESH GUPTA VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2020-1-234] [REFERRED TO]
TRIAD TRADING SERVICES P LTD VS. UNION OF INDIA [LAWS(MAD)-2020-2-217] [REFERRED TO]
KANTA WAZIR VS. UNION OF INDIA [LAWS(J&K)-2021-7-5] [REFERRED TO]
RAMA KRISHNA SEVA KENDRA VS. STATE OF WEST BENGAL [LAWS(CAL)-2004-2-62] [REFERRED TO]
SURAJDEO SINGH VS. BOARD OF TRUSTEES [LAWS(CAL)-2006-5-37] [REFERRED TO]
JAWAHAR SINGH AND ORS. VS. THE UNITED BANK OF INDIA AND ORS. [LAWS(CAL)-2015-8-17] [REFERRED TO]
HAZRA FILLING STATION VS. INDIAN OIL CORPORATION LIMITED AND ORS. [LAWS(CAL)-2015-8-43] [REFERRED TO]
RAMACHANDRAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2012-11-75] [REFERRED TO]
COUNCIL OF PRINCIPALS OF COLLEGES VS. STATE OF KERALA [LAWS(KER)-2004-6-61] [REFERRED TO]
TENUGHAT VIDYUT NIGAM LTD VS. UNION OF INDIA [LAWS(PAT)-2004-6-5] [REFERRED TO]
EXCLUSIVE MOTORS PVT. LTD. VS. ITDC AND ORS. [LAWS(DLH)-2009-7-485] [REFERRED TO]
PRESTIGE ESTATES PROJECTS LIMITED, BANGALORE AND O VS. STATE OF KARNATAKA AND OTHERS [LAWS(KAR)-2017-10-192] [REFERRED TO]
SABER PAPER LIMITED VS. STATE OF H.P. & ANOTHER [LAWS(HPH)-2016-5-31] [REFERRED TO]
GODITHI VEERA PRASAD VS. CHUNDRU SRINIVASU [LAWS(APH)-2024-3-50] [REFERRED TO]
NAVYUVAK PUSHTAKALAYA AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-7-167] [REFERRED TO]
MODERN MINERAL PROCESSING COMPANY (P) LTD. VS. MANAGING DIRECTOR, ORISSA STATE FINANCIAL CORPORATION AND 4 ORS. [LAWS(ORI)-2008-9-91] [REFERRED TO]
M.C. MEHTA VS. UNION OF INDIA [LAWS(SC)-2020-8-49] [REFERRED TO]
ABHISHEK MISHRA VS. THE STATE OF GOA AND ORS. [LAWS(BOM)-2015-12-112] [REFERRED TO]
NIHARIKA JAIN VS. UNION OF INDIA [LAWS(RAJ)-2019-7-352] [REFERRED TO]
FALAKATA INDUSTRIES LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-10-2] [REFERRED TO]
SHER ALI SHAH (DIED) PER LRS. AND OTHERS VS. STATE OF TELANGANA AND OTHERS [LAWS(APH)-2018-7-49] [REFERRED TO]
JUDGEMENT
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.
(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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