- (1.) THIS is an an peal against the judgment and order dated 29th May, 1992 passed by the learned trial judge dismissing the writ application in which the validity of the order of requisition under Section 3 (1) of the West Bengal Land (Requisition and acquisition) Act, 1948 made in respect of premises No. 44 Chowringhee Road was challenged.
(2.) THE Premises No. 44, Chowringhee Road, now known as Jawaharlal nehru Road, Calcutta, belongs to the appellants. The said premises was leased out by the Official Trustees of West Bengal for a period of 99 years commencing from 1st April, 1961 to Kalinga Tubes Ltd. the erstwhile lessee of the said premises. On 1. 4. 1961 Kalinga Tubes Ltd. took possession of the said premises together with the old building and structure standing thereon and after demolishing the old buildings an I buildings and structures had constructed a two storied buildings with basement on the southern side of the premises alt a cost of more than Rs. 15 lakhs. The ground floor of the said two-storied building occupied by Bank of India and the first floor was occupied by the said Kalinga Tubes Ltd. and now by the appellant. In March 1977, the said Kalinga Tubes Ltd. applied to the corporation of Calcutta for construction of a four-storied building with basement and the remaining portion of the said premises and to extend the construction of two further storeys on the existing building. The Calcutta corporation duly sanctioned the plan in March 1978.
(3.) ON or about 11th December, 1981, the High Court at Orissa approved the amalgamation of Kalinga Tubes Ltd. with Indian Metals and ferro Alloys Ltd. the appellant herein and as a result Kalinga Tubes Ltd. ceased to exist and all the assets and liabilities Kalinga Tubes Ltd. developed upon the appellant. The appellant duly applied and had its name mutated in the records of the Corporation of Calcutta. The appellant also issued letters to the Commissioner, Commercial Tax, Government of West bengal, to make necessary changes in its Sales Tax Records.;