STATE OF WEST BENGAL Vs. AJOY KUMAR DAS

JUDGEMENT

(1.) The respondents are the owners of Premises No. 17, Convent Road, Calcutta consisting of 9 bighas, 4 cottahs, 9 chhataks, 2 sq. ft. of land together with the factory building and structures. The respondents executed a deed of lease on 29/12/1951, in favour of Westing House Sax by Fanners Limited. The lease is for a period of 30 years. The monthly rent/consideration was of a sum of Rs. 2,500. 00. By efflux of time, this 30 years' lease came to an end on 31/5/1981. On 23/4/1981 before the expiry of the lease, notice to vacate the premises was issued to the lessees.

(2.) On 18/1/1982, the Calcutta Thika Tenancy (Requisition and Acquisition) Act, 1982 came into force. Section 5 of the Act states as follows:

(3.) What happened thereafter is really interesting. On 18/8/1982, notice was issued by the First Land Acquisition Collector under Section 3 of the West Bengal Land (Requisition and Acquisition) Act. 1948. The notice clearly stated that the property was required for a public purpose, namely, for the purpose of maintaining supplies and services essential to the life of the community and for the purpose connected therewith or incidental thereto as required by the public undertakings department.