- (1.) This is an application for recalling the judgment and order dated 4th June, 2015 passed by this court whereby WP No. 829 of 2013 (Derby Sales Pvt. Ltd. & Anr.-vs.-The State of West Bengal & Ors.) was disposed of on contest after hearing all the concerned parties at length. By the said judgment and order the respondent authorities were directed to hand over vacant and peaceful possession of the premises no. 7/1A, Hazra Road, Calcutta 700019 to the writ petitioner no. 1 within four weeks from that date. The said order also provided for police help to the writ petitioner for the purpose of implementation of the said order. The facts of the case would appear from the judgment and order dated 4th June, 2015 which is under recall in the present application. For the sake of convenience the material facts are briefly recapitulated hereinbelow.
(2.) The property in question being premises no. 7/1A, Hazra Road, Calcutta 700019 (hereinafter referred to as the 'said Premises') was requisitioned under the Defence of India Act, 1939. The provisions of the West Bengal Land Acquisition (Continuance of Powers) Act, 1951, permitted the State Government to keep the said property under requisition and use it for any public purpose. The said 1951 Act ceased to have forced from April 1983. By an order dated 19th November, 1992 the First Land Acquisition Collector, Calcutta directed the Kolkata Municipal Corporation (in short 'KMC') to vacate the property which had been handed over to the Corporation by the State Government and which the Corporation was using for accommodating its staff.
(3.) By an order dated 16th January, 1993, the Joint Secretary of the State Government released the said property in terms of Section 10B of the West Bengal Premises (Requisition and Control) Act, 1947. Possession of the said property, however, was retained by the KMC. The owner of the property sold the said property to one Rajarshi Dey who subsequently sold the property to the writ petitioner no. 1.;