STATE OF WEST BENGAL Vs. PRAFULLA CHURAN LAW

JUDGEMENT

(1.) The appellants are aggrieved by the order of the Calcutta High Court, which annulled the invoking of Section 17 of the Land Acquisition Act, 1894 (for short, "the Act") by the State Government for the acquisition of premises No. 14 and 12/1, Hare Street, Calcutta.

(2.) There is no dispute between the parties that possession of the premises in question was taken by the Government before independence in March, 1944 by invoking the provisions of the Defence of India Act. After 15 years, the State Government issued order dated 30.9.1959 under Section 3(1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (for short, "the 1947 Act") for requisition of the premises.

(3.) After 31 years, the respondents filed Writ Petition No.3601 of 1990 questioning the continued possession of the premises by the appellants. The learned Single Judge of the High Court allowed the writ petition and issued a mandamus for restoration of the premises to the respondents. Notification dated 27.8.1990, issued by the State Government under Section 4(1) of the Act for acquisition of the premises, was quashed by the High Court in Writ Petition No. 1382 of 1991. Thereafter, the respondents filed Writ Petition No. 3790 of 1993 and reiterated their prayer for restoration of possession. The learned Single Judge allowed the writ petition and directed that the possession of the premises be delivered to the writ petitioners within four months. At the same time, he made it clear that during this period the concerned authorities may acquire the property in accordance with law and observed that if the property is acquired within that period, the question of handing over the possession will not arise. The respondents challenged the latter part of the order of the learned Single Judge in Appeal No. 35 of 1994, which was disposed of by the Division Bench vide order dated 18.4.1994, the relevant portions of which are extracted below: