Samir Kumar Mookherjee, ACJ - (1.) The present appeal is at the instance of the Commissioner of Police and others and is directed against an order of a learned single Judge dated 16th of July, 1997, whereby the learned single Judge disposed of the writ application preferred by writ petitioners/respondents who are the owners of the premises involved in the present proceeding namely No. 6, Middle Road, Calcutta, by directing the present appellants and the respondent Nos. 4 and 5 to arrange for delivery of vacant possession of the premises in question peremptorily within a period of six weeks from the date of communication of the said order.
(2.) From the materials on record, it transpires that the premises in question have been requisitioned in terms of an order issued under section 3 of the West Bengal Requisition and Control (Temporary Provisions) Act, 1947 (hereinafter referred to as the said Act); the First Land Acquisition Collector took possession from the father of the writ petitioners/ respondents, since deceased, on or about 22nd December, 1958 and such possession had been handed over to the Police Authorities in Calcutta for allotment to its officers for residential purposes since 25th of April, 1967, repeated letters were sent by the writ petitioners/respondents, for de-requisitioning of the premises but to no avail ; the said Act was amended and section 10B was introduced bringing into existence a statutory mandate tor de-requisitioning on the expiry of 25 years from the date of requisition ; even the respite period of 5 years after the introduction of section 10B expired in 1991 ; a release order dated 27th March, 1992, was also issued by the Government, inter alia, releasing the premises from requisition and directing the handing over of possession thereof to the writ petitioners allowed by written request to the Commissioner of Police for acting in terms of the said release order; the writ petitioners were asked on 23rd March, 1993, to take vacant possession on 6. 4.1993 at 4-00 p.m. by a letter issued by Joint Secretary, Government of West Bengal and thereafter letters of similar nature had been issued from time is time by the Land Acquisition Collector culminating when a letter dated 20th May, 1993, for delivery of possession on 3rd of June, 1993, but none of such letters had been complied with, thus compelling the writ petitioners to move the writ application on or about 15th of July, 1993, with culmination in the present appeal as mentioned above.
(3.) On behalf of the respondents, however, strong emphasis was laid on the language of section 10B of the said Act and it was argued that if the public purpose was found to be of a permanent character, it was opened to the appellants to take recourse to other procedure but without taking such step they had no right to cause sufferance to the private respondents by delaying or post poning the delivery of possession ; such deliberate action on the part of the appellants forfeited their right to get any relief in equity.;