- (1.) THIS appeal is against a judgment and order dated 10th april, 2002 whereby the learned Single Judge allowed, in part, the writ application filed by the respondents under Article 226 of the Constitution of india, and directed the appellant State to hand-over to the respondents, possession of the properties of the respondent No. 1 at Park Street, Taratolla and Narkeldanga, Kolkata, hereinafter referred to as the disputed properties, which had not vested in the appellant State under the Oriental Gas Company act, 1960, as amended from time to time or alternatively, to pay the respondents compensation in lieu thereof. The respondents have also filed a cross-objection to the said judgment and order.
(2.) THE Respondent No. 1, hereinafter referred to as the company, was initially constituted in England in April, 1853, by a Deed of Settlement, and later incorporated under the provisions of the English Joint Stock companies Act, 1862, for manufacture, supply, distribution and sale of fuel gas in Calcutta.
(3.) THE management and control of the company gradually passed from British to Indian hands and on or about 23rd June, 1947 a company known as Calcutta Gas Company (Proprietary) Ltd. was registered under the indian Companies Act, 1913, which acquired 98% of the total stock of the company. Pursuant to an agreement executed on 24th April, 1948 the said calcutta Gas Company (Proprietary) Ltd. were appointed Managers of the company in India for twenty years.;