- (1.) The appellants before us are the legal representatives of the writ petitioner who fought the litigation upto Apex Court in the first round and several rounds of litigation before this Court.
(2.) So far as erstwhile owner becoming the owner of Premises no.2, Garstin Place, Police Station Hare Street, there is no dispute. Way back in 1965 the First Land Acquisition Collector of Calcutta requisitioned an area of 1253 sq.ft. lying on the northern portion of the first floor of the said premises under the provisions of the West Bengal Premises Requisition and Control (Temporary Provisions) Act of 1947. Said portion of the property was allotted to the Election authority of the Kolkata Municipal Corporation. It is also not in dispute that in the year 1986 further area of 1079 sq.ft. lying on the southern portion of the third floor of the premises too was requisitioned for the same purpose of beneficiary to the Election authority of the Kolkata Municipal Corporation.
(3.) At this juncture, the first writ petition came to be filed in the year 1986, being Matter No.2407 of 1986. By virtue of the order dated 28.7.88 the Learned Single Judge of this Court opined that the requisition of the areas totalling three portions, that is, 1253 sq.ft., 1047 sq.ft. and 1370 sq.ft. on different floors of the property was upheld but the continuance of the requisitioned premises in question was permitted subject to several conditions. We are not concerned with all the conditions though second condition is very important and relevant for the purpose of deciding the controversy before us, which reads as under:- "2) The Respondents are directed to take steps to acquire the said portions of the premises in question under the provisions of the Land Acquisition Act 1598 within a period of one year from today, if the Government wants to continue the use of the premises for the purpose for which it was requisitioned.";