V.K.Gupta, J. - (1.) This batch of writ applications filed under Article 226 of the Constitution of India by the erstwhile occupiers of certain shops and other premises at No.1, 2 & 3 Old Court House Street and No.29, Water- loo Street constituting an integral part of Great Eastern Hotel has been referred to this Division Bench for disposal since certain important points of Law are involved for consideration and adjudication.
(2.) Great Eastern Hotel was a privately run establishment. For some reasons, under the Great Eastern Hotel (Taking Over of Management) Act 1975, the Governments of West Bengal took over the Management of the Undertaking of the Company, i.e., The Great Eastern Hotel Limited and appointed an Administrator for managing the Undertaking of the Company. 1975 Act, whereby only the Management of the Undertaking of the Company was taken over, was followed by the Great Eastern Hotel (Acquisition of Undertaking) Act, 1980 whereby the Undertaking of the Company, as a whole was taken over by the State Government. Section 3 of 1980 Act reads as under :- "Acquisition of the undertaking of the Company. (1) On and from the appointed day, the undertaking of the company shall, by virtue of this Act, stand transferred to, and vest absolutely in the State Government. (2) Upon the vesting of the undertaking of the company in the State Government under sub-section (1), the State Government shall, for efficient management and administration thereof, provide by notification for the transfer of the undertaking of the company to, and vesting thereof in, the Hotel Authority with effect from such date as may be specified in the notification."
(3.) As would thus be seen the Undertaking of the Company, i.e. The Great Eastern Hotel Authority stood vested and transferred, absolutely in the State Government under sub-section (2) of section 3 of 1980 Act the State Government vide Notification issued on 18th June, 1981 transferred, for efficient management and administration of the Hotel the undertaking of the Company in favour of the Hotel Authority constituted under section 5 of 1980 Act.;