Jayanta Kumar Biswas, J. - (1.) The properties involved in this writ petition were requisitioned by the state Government under provisions of the West Bengal Premises Requisition & Control Act, 1947. In terms of provisions in Section 1O-B thereof the state Government was under the obligation to release the properties from requisition on expiration of a period of 25 years from the date of the requisition. The requisition was made on September 14, 1974; hence they were to be released from requisition on or before September 31, 1999.
(2.) Since in spite of repeated demands the state Government declined to release the properties from requisition, the petitioners took out this writ petition in 2005. By an interim order the respondents were directed to release the properties from requisition and give vacant possession thereof to the petitioners. In compliance with that order possession of the properties was given to the petitioners on September 28, 2005. In the writ petition the petitioners wanted two reliefs:- (i) release of the properties from requisition and delivery of possession thereof, (ii) damages to be paid by the state Government for retention of the properties after September 31, 1999.
(3.) The writ petition has now come up for final hearing. The respondents have chosen not to file any opposition. In view of the fact that possession of the properties was delivered, counsel for the petitioners submits that his clients need relief only on account of damages. He prays for an order directing the respondents to pay compensatory rent at least at the rate of Rs. 10,000/- per month for the period from September 31, 1999 to September 28, 2005. He agrees that there is no statutory provision under which the damage rent can be determined and order can be made for payment of the amount.;