PODDAR UDYOG LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court: This writ petition is directed against the order of requisition dated 14th March 1996 whereby the First Land Acquisition Collector, Calcutta has requisitioned and further took possession of first and second floors of the building and premises situate at 18, Rabindra Sarani, Calcutta-700 001 (hereinafter referred to as the said property) measuring 37.062 sq.ft. of floor space. It is appropriate to record that this writ petition was once heard and disposed of in favour of the writ petitioner by His Lordship The Hon'ble Mr. Justice Ajoy Nath Ray on 30th April 1998. However, on appeal, judgment and order of the learned trial Judge was set aside and the matter has been remanded for fresh hearing.

(2.) The fact of the case is very simple. By and under a registered lease deed dated 23rd February 1984 one M/s. Hope (India) Limited being the predecessor-in-interest of the said property as the lessor and the Governor of West Bengal as the lessee the said property was demised in favour of the lessee for a period of sixteen years commencing from 1st April 1980. The said property was thereafter accommodated for the Urban Development Department (Town & Country Planning Branch) of Government of West Bengal. The original lessor was amalgamate with one company, viz., Multiplex Business Limited being the successor-in-interest of the said property. The said Multiplex Business Limited changed its name as being Poddar Udyog Limited being the present writ petitioner No.1 herein. It appears that there was dispute between the present writ petitioner and the State of West Bengal in connection with the said lease. As such a Civil Suit was filed for eviction in this Hon'ble Court being Suit No. 1 of 1994. The suit resulted in compromise on certain terms whereby it was agreed that the State of West Bengal would continue to occupy the said property inter alia on the terms and conditions stated in the said indenture except that monthly rent would be paid at the rate of Rs. 10/- per sq. ft. for the residue period of the lease with effect from April 1, 1988. Therefore, under the terms and covenant of the said deed of lease the period of lease was to expire on 31st March 1996. A few months before expiry of the aforesaid date the writ petitioner demanded of the Government of West Bengal to vacate and quit the said demised property on expiry of the lease. It appears that before expiry of the lease, the First Land Acquisition Collector by the impugned order dated 14th March 1996 has requisitioned the said property and possession has been given on paper to the same department who was in possession and occupation of the said property on 22nd March 1996.

(3.) The First Land Acquisition Collector has filed an affidavit to support the order of requisition. It has been simply stated in the affidavit that on receipt of requisition order dated 14th March 1996 from Land and Land Reforms Department, Requisition Branch, for requisitioning the said property for a public purpose for providing office accommodation to the Urban Development Department (Town & Country Planning Branch) of Government of West Bengal took possession of the requisitioned premises from the occupant, i.e., the Urban Development Town & Country Planning Branch. It is alleged in the affidavit of the respondent that possession was re- delivered to the same branch. None appears on behalf of the owner despite notice being given. It is admitted position that the requisitioning department has been in possession. So, just paper possession was handed over to an officer of the aforesaid department. It is further stated in the affidavit a sum of Rs. 3,70,620/- has been deposited in favour of the First Land Acquisition Collector towards ad hoc payment on account of occupation charges.