Debangsu Basak,J. - (1.) Petitioner is aggrieved by a decision dated November 10, 2020 passed by the Additional District Magistrate (Development), Hooghly dated November 10, 2020.
(2.) Learned senior advocate appearing for the petitioner submits that, the petitioner obtained lease of an immovable property from the State Government by virtue of a Deed of Lease dated July 1, 2017. He draws the attention of the Court to the various clauses of the Lease Deed. He submits that, the petitioner is obliged to perform certain responsibilities in terms of the Lease Deed. Performance of such responsibilities involves money. The petitioner, therefore, expended huge sum of money in order to perform such obligations. The premises was requisitioned by the State Government by a writing dated April 29, 2021 purporting to invoke Section 34 of the Disaster Management Act, 2005 (Act of 2005). He draws the attention of the Court to the provisions of Section 34 of the Act of 2005. He submits that, Section 34 does not empower the authorities to requisition the immovable property. According to him, Section 65 empowers the authorities to do so. Thereafter, he draws the attention of the Court to the provisions of Section 66 of the Act of 2005. He submits that, once an immovable property is requisitioned under Section 65 of the Act of 2005, the authorities are required to pay compensation in respect of such requisition under Section 66 of the Act of 2005. There must be an award under Section 66 for the petitioner to invoke the first proviso of Section 66 in the event, the petitioner is aggrieved by the award of compensation of the authorities. He draws the attention of the Court to the writing dated November 10, 2020 by which, the Additional District Magistrate (Development), Hooghly purported to hold that the petitioner will be entitled to rent remission for the period of requisition. He submits that such a writing cannot be construed to be an award within the meaning of Section 66 of the Act of 2005 for the first proviso therein to be invoked by the petitioner. He seeks appropriate relief with regard thereto.
(3.) State is represented. Learned Advocate for the State submits that the petitioner gave up his statutory right under Section 66 in writing.;