- (1.) SEVENTEEN owners including the writ petitioner nos. 2 to 5 owned premises no. 10, camac Street, Calcutta-700017. They entrusted the writ petitioner no. 1 to look after the day-to-day management and maintenance of the said building as also litigate on their behalf protecting their interest in the said premises in question. The said building was a multi storeyed one.
(2.) THE writ petition was filed challenging the continuance of the order of requisition in respect of first, second, third, fourth and tenth floor of the premises in question. In the present appeal we are concerned with the second and fourth floor of the said premises in question which is presently under occupation of the State.
(3.) THE second floor is under the possession of West Bengal Pollution Control Board whereas the fourth floor is occupied by the Refugee Rehabilitation Commissioners department. The State initially requisitioned the floors vide order dated September 16, 1972 under the provisions of West Bengal Premises Requisition and Control (Temporary Provision) Act, 1947 (hereinafter referred to as the said Act of 1947 ). Section 10 of the said Act of 1947 inter alia provides that the Government was entitled to requisition any premises for public purpose. However, once the public purpose ceased to exist, the State was obliged to release the premises from requisition. 10-A of the said Act inter alia provides that such order of requisition would continue till the public purpose exists. The said Act of 1947 was amended by west Bengal Act 27of 1986 wherein the maximum period of requisition was fixed at twenty five years from the date of initial order of requisition and the Government was obliged to release the property under requisition after expiry of twenty five years period. Under Section 10-B the State Government would release from requisition any property on/or before the expiry of twenty five years from the date of such requisition provided such benefit would not be available until expiry of five years period from the date of coming into force the amending Act of 1986. The writ petitioners contended before the learned single Judge that since the properties were requisitioned in 1972, it was incumbent upon the State to release the property from requisition on expiry of twenty five years period i. e. on September 1997. Since the state failed to deliver back possession the writ petitioners approached the learned single Judge for appropriate relief. It further transpires on analysis of the pleadings that the appellant no. 1 addressed a letter dated July 17, 1997 on behalf of all the owners to the Land Reforms Commissioner and Principal Secretary to the government of West Bengal inter alia asking for vacant possession of the said premises in question. The State however did not act upon such request, on the other hand issued a notice under Section 4 of the Land Requisition Act, 1894 expressing their intention to acquire the properties in question. Such notification was published in Calcutta Gazette on August 12, 1997. The owners raised objection. The Land acquisition Collector fixed September 27, 1997 for hearing of objection. The first request for vacating the premises was made on March 14, 1997 followed by reminder on July 9, 1997 and July 17, 1997. There had been series of correspondence on that score made by the appellant no. 1 on behalf of the owners. Ultimately, a detailed objection was filed on September 8, 1997 appearing at pages 134-137 of the paper book against the notification under Section 4.;