B.C.Ray, J. - (1.)The petitioners who claimed to be the owners of the property being premises No. 2, Park Lane, Calcutta has come up before this Court with the instant writ application assailing the validity of the order of requisition made under Section 3 (1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act, II of 1948) on the ground that the order of requisition has not been served on the petitioners as required under the Act framed thereunder and that the order was made under colourable exercise of power as there was no formation of opinion and there was no application of mind. The said order has also been challenged on the ground that there was no public purpose for requisition of this land and the said land being previously notified for acquisition and the same being pending the order of the requisition was also illegal and bad.
(2.)The facts in brief are that the petitioners jointly purchased the property at premises No. 2, Park Lane on or about Aug. 1, 1952 out of their joint funds. The petitioner No. 2 was the first wife of the petitioner No. 1 being married in 1940 under the Special Marriage Act and she obtained a decree of divorce in a suit from the High Court at Madras. A partition suit was instituted on or about Jan. 7, 1980 at the instance of the petitioner No. 2 in the court of the 4th Bench of City civil Court, Calcutta and on Jan. 8. 1980, on the basis of a compromise decree the petitioner No. 1 was allotted Schedule 'C' property and the petitioner No. 2 was allotted Schedule 'B' property the detail description of which was given in paragraph 4 of the petition. It has also been stated that after the partition was affected, the petitioner No. 2 had applied on or about Sept, 13, 1980, before the Assessor of the Calcutta Corporation for mutation of her name in respect of her half share in the entire property and such mutation was accordingly granted. It has also been further stated that there is a pucca structure on the said premises No. 2, Park Lane, Calcutta and there is an office accommodation for petitioner No. 1. A Darwan of the petitioner No. 1 is residing in one of the rooms in the said premises. Negotiations between the petitioner No. 1 and the Calcutta Electricity Supply Corporation (India)' Ltd., respondent No, 6, for sale of the premises were carried on and the price was settled, A draft agreement was prepared and it was sent with letter dated June 14, 1978 to M/s. Talbot and Company, the land agent of the Calcutta Electric Supply Corporation (India) Ltd. but the said negotiation, however, did not materialise and it was ultimately abandoned on or about Jan. 9, 1979 because of the adamant attitude of the respondent No. 6. A notification being No. 9346 -- L. A./K. S./1979 dated June 22, 1979 under Section 4 of the Land Acquisition Act, 1894 (Act 1 of 1894) was published in Calcutta Gazette (Extraordinary) for acquisition of the said land for the alleged public purpose "for construction of House for 'Urdhu Academy", The land notified for acquisition as mentioned in the said notice was more or less 0.1063 Hectare or 0.2627 acre. A copy of the said notice was annexed as annexure 'C' to the petition. The petitioner submitted an objection against the said proposed acquisition under Section 5 (A) of the said Act and prayed for personal hearing. The objections were heard but the determination on the same was never communicated to the petitioner. As such the petitioner could not know about the results of the said land acquisition proceedings. The petitioner is under the belief that the said proceeding is still pending. During the pendency of the said land acquisition proceedings on or about Oct. 16, 1981 another order of requisition being No. 12/81/11/48 dated Oct. 16, 1981 was purported to be passed by the First Land Acquisition Collector, Calcutta, the respondent No. 3, under Section 3 (1) of the West Bengal Land (Requisition & Acquisition) Act, 1948 (West Bengal Act II of 1948)' for requisition of premises No. 2, Park Lane. Calcutta for the public purpose of establishment of power distribution station. It has been stated that this order has not been served on the petitioners in the manner prescribed by Rules 3 (a) to 3 (d) of the West Bengal Land (Requisition and Acquisition) Rules, 1948. The petitioner No. 1 had received the said order which was handed over to the adjoining Ration Shop owner on his return from Madras on October 22, 1981. A copy of the said notice has been annexed as annexure 'F' to the petition. It has been specifically ordered that the possession of the said premises, would be taken, on Oct. 17. 1981 in terms of Section 3 (2) of the said Act. It has been stated therein that the order was not served on any of the 'Recorded joint owner' and no attempts were made to be served upon them the said order. It has been further stated that the petitioner No. 1 was away in Madras from Oct. 7, 1981 till Oct. 22, 1981 and on receiving information through telegram dated Oct. 9. 1981 from his darwan, Sri Sitaram Singh be returned back from Madras on Oct. 22, 1981. On returning back from Madras on Oct. 22, 1981 the petitioner No. 1 came to know for the first time from his Darwan that an order had been handed over on the adjoining Ration Shop on or about Oct. 16. 1981 at 8 P. M. and the petitioner No. l was further informed by the said Darwan that some persons claiming themselves to be the employees of the Calcutta Electric Supply Corporation (India) Ltd.. respondent No. 6, had broken open the lock of the main gate of the premises No. 2. Park Lane, Calcutta at about 11 A. M. on 17-10-1981 and drove out the Darwan by physical force from his room for which the Dardwan had lodged a complaint with the Officer-in-Charge, Park Street, police Station.
(3.)On these allegations and facts the instant writ application has been moved in this Court with a prayer for a writ of or in the nature of Mandamus commanding the respondents not to give any effect or further effect to the impugned order of requisition dated October 16, 1981 (annexure F' to the petition). There was also a further prayer for release of the premises and a prayer for a writ of certiorari directing the respondents to certify and transmit the records relating to the land acquisition proceedings as well as the requsition proceedings so that the same may be quashed and set aside,