Chinnasamy Swaminathan Karnan, J. - (1.) This writ petitions have been filed under Article 226 of the Constitution of India assailing the requisition and impugned notification dated 10th August, 1999 and dated 4th August, 2000 published in the Calcutta Gazette on 5th August, 2000 and the declaration under Section 6 dated 10th August, 2000.
(2.) The factual matrix of the case is that the 1st petitioner is the owner of the land and building situated at No.13, Nellie Sengupata Sarani, Calcutta. The said building consists basement, ground floor and 9 upper floors. The 2nd petitioner is a shareholder and a director of the 1st petitioner's company. The 2nd floor of the building measuring 7000 Sq. Ft. was requisitioned under the West Bengal Premises Requisition and Control (Temporary Provision) Act 1947. The said premise was occupied by the 5th respondent herein namely West Bengal Mineral Development and Trading Corporation who is in possession from 16th August 1973. The period of requisition is limited to 25 years. The said period had expired on 16.08.1998. The said property is located in the prime area of Kolkata town which is classified as a commercial area.
(3.) In the course of the proceeding the Respondents have raised preliminary objection as to maintainability of the writ petition by filing supplementary affidavit and also by the requiring authority Respondent No 5 by filing G.A. No.2443 of 2016.;