ELGIN PROPERTIES Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arises from the judgment and order of Basak, J. dated June 18, 1980.

(2.) The matter was in respect of an application under Article 226 of the Constitution of India wherein the petitioners Elgin Properties challenged an order of requisition bearing No. 13/80 REQN dated 17th April, 1980 issued by the State of West Bengal in exercise of powers conferred by Sub-section (1) of Section 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (hereinafter referred to as the said Act). The Rule Nisi issued herein was discharged by the learned Judge and the application was dismissed. All interim orders were ordered to be vacated. Elgin Properties thereupon preferred this appeal.

(3.) The facts are that the Official Trustee for West Bengal, the respondent No. 6 herein is the trustee to the trust of D. A. David for Davidian Girls' School by and under a deed of trust dated September 28, 1974 and as such trustee is the legal owner of premises No. 1-B, Ashoutosh Mukharjee Road, Calcutta (hereinafter referred to as the said premises). The petitioner appellant Elgin Properties carry on business of development of real property. The Official Trustee granted a registered lease dated September 28, 1974 with the leave of this Court in favour of the appellant for a term of 21 years commencing from May 1, 1969 with an option on the part of the appellant to renew the same for another period of 21 years. The said lease was obtained by Elgin Properties for the purpose of developing the said property. The appellant was authorised to build at their own cost the upper storey or storeys on the existing building or to construct a new building. The existing structures consist of a two storeyed building with the outhouses. At the time of the said lease a portion of the ground floor of the said premises was occupied by Caxton and Co., the respondent No. 7 herein. Two of the rooms on the ground floor of the said premises are occupied by Martin and Harris Ltd. The remaining portion comprises of baths, lavatories, urinals, common passages and common lobby which were in use of all the occupiers of the said premises. The staircase leading to the first floor begins from the ground floor. There is no access to the first floor of the said premises except through that ground floor.