M.N.Roy, J - (1.) An order of requisition 6f the land and buildings with furniture in R.S. Plot No. 396, Mouza-Chandhaghar, J.L. No. 44, P.S. Barasat 24-Parganas (hereinafter referred to as the said premises) as issued under Sub-section (1) of Section 3 of the West Bengal Premises Requisition and Control (Temporary Provision) Act, 1947 (hereinafter referred to as the said Act), was challenged in this Court in a proceeding under Article 226 of the Constitution of India by the owners of the said premises, who are M/s. Himal Enterprises (Private) Ltd. a Company incorporated under the Sikkim Companies Act and also by one of their Directors Mrs. Sova Shresthe. The writ petitioners are the Respondents' in this Appeal and the Civil Order No. 4112(W) 1986, in which the requisition under the said Act were challenged on being disposed of in favour of the petitioners therein, this Appeal was presented by the Respondent State of West Bengal and their authorities, on July, 1986.
(2.) The petitioners in the writ petition claimed that the Company as mentioned above, at all material times was and still is the owner of the said premises and they acquired the same by purchase on January 16, 1976 from the erstwhile owners, It was also their case that after such purchase the Company, i.e., the petitioner No. 1 in the writ proceedings, spent a huge sum of money for the purpose of renovation, with the object that their Directors could stay therein. According to the petitioners, there was and has been a brick built one storied building (Bungalow) containing a total area of 24 cottahas (.39 acres) arid it was also their case that very recently the Bungalow in question, was thoroughly repaired, and renovated on spending a considerable amount, apart from that, they have also claimed to have spent large sums of money for having necessary furniture and fixtures and other decorative items and they at all material tirades web and still are kept in the Bungalow in question. It was also the case of the petitioners that they have further got a telephone connection installed in the Bungalow and the said telephone connection, at the time of requisition of the said premises, was operative. The petitioners have further stated that after such acquiring of the said premises, they have paid all taxes, rates, electric charges and charges for telephone connection, regularly.
(3.) It was also the case of the petitioners that on March 3, 1980, when one of the Directors of the petitioner No. 1, was present at the said premises but were at Calcutta, some persons claiming themselves to be the representatives of the office of the Collector, North 24-Parganas, came at the office of the petitioner No. 1, at 13, Lowdown Street, Calcutta at about 5.30 p. m. and handed over a purported order which was said to have been issued under sub-section (1) of Section 3 of the said Act. The order was dated March 1, 1986 and the number of the same was 5/86. The requisition order will be hereafter referred to as the said order and by the said the Deputy Secretary of the Government of Welt Bengal requisitioned the said premises, claiming the same to be needed for a public purpose. The said order has been disclosed as Annexure "A" to the writ petition and on a reference to the same if would appear that the land and buildings with furniture in R. S. Plot No. 396 having an area of more or less 0.35 acres of Mouza Chandhaghar, J. L. No. 44, P. S. Barasat, District 24-Parganas was sought. to be requisitioned and the same was sought to be served on Mr. B. K. Sherestha with a request to deliver possession of the said premises to the representative, one Shri J. Mukherjee, Head Surveyor, who was stated to be the representative of the Office of the Collector concerned, on March 3, 1986 at 4-45 p. m.;