B.L.Jain, J. - (1.) This is an appeal preferred by Damodar Valley Corporation (hereinafter also referred to as 'DVC') against the judgment and order passed by a learned single Judge of this Court in exercise of the powers under the Constitutional Writ Jurisdiction of this Court. By the said judgment and order the learned Judge directed issuance of a Writ in the nature of mandamus commanding the respondents to release the requisitioned premises mentioned in Annexure 'C' to the writ petition application from requisition and for delivery of vacant and peaceful possession thereof to the writ petitioners on or before 30th June, 1991. The learned Judge further directed commanding the respondent No. 5 to nominate an Arbitrator to determine the compensation payable for the premises under requisition, as mentioned in Annexure 'C' to the writ application, in accordance with the provisions of section 8 of the Requisitioning & Acquisition of Immovable Property Act, 1952.
(2.) The writ petitioner No. 1 B. N. Biswas & Co. Pvt. Ltd. became the owner of premises No. 68/5 Puma Das Road, Calcutta since 1956. The said premises comprises of a five storeyed building. By an order dated February 27, 1951 bearing No. 47/51-Reqn., the entirety of the said premises was requisitioned except the ground floor and the flat on the roadside of the third floor of the said premises under section 3(1) of the West Bengal Premises Requisition & Control (Temporary Provisions) Act, 1947. Section 3(1) of the said Act of 1947 ,provides as follows : "Whenever it appears to the State Government that any premises in any locality are needed or are likely to be needed for my public purpose, it may, by order in writing, requisition such premises either with or without any or all of the furniture, if any, in such premises."
(3.) By a subsequent memorandum dated March 18, 1952 bearing No. R 47/51/2526P, the First Land Acquisition Collector, Calcutta determined the compensation payable for the aforesaid portions of the premises at Rs. 2,000/- per month according to English calendar month. Thereafter a portion of the requisitioned premises was de-requisitioned in or about 1956. The remaining four flats as well as the other portions of the said premises that had been requisitioned continued to be under the requisition. Particulars of the requisitioned portion of the said premises are set out in Annexure 'C' to the writ petition. The amount of compensation payable for the said requisitioned portion of the said premises had been determined by the said First Land Acquisition Collector at Rs. 1,189.50p. per month payable according to the English calendar month. The writ petitioner No. 1 as the purchaser of the said premises from the former owner, was being, paid the compensation in respect of the said premises since after the purchase thereof.;