PARESH NATH NUNDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The question involved in this appeal is whether the requisition of a flat opposite Bethune College for the use of the head of its department of Chemistry where research work on the active principles of Indian medical plants presently being conducted under her supervision, is for a public purpose.

(2.) The facts are as follows: The appellants Paresh Nath Nandi and Kalpana Nundi are trustees of premises No. 56, Ram Dulal Sarkar Street and No. 62, Masjid Bari Street, both situate in north Calcutta and at a distance of about a mile from each other. They live in the latter premises and one of them carries on business in sweetmeat at the ground floor of the other premises No. 56, Ram Dulal Sarkar Street. The last mentioned premises is a two storied house, the first floor being in the occupation of a tenant - one Dr. R. N. Chakravorty attached to the School of Tropical Medicine, Calcutta, the tenanted portion consists of five rooms, a covered corridor etc. with an approximate total floor area of 990 sq.ft. the month rent being Rs.150/-. His wife Mrs. Chakravorty is the head of the department of Chemistry already mentioned, Premises No. 62, Masjid Bari Street has three floors, the ground floor extending over 890 sq.ft. with five rooms, a covered corridor and an open court-yard etc. The first floor has four bed rooms etc. with the same area as the ground floor. The second floor has two living rooms and an open terrace covering a total area of 230 sq.ft. There is no dispute that premises No. 62, Masjid Bari Street is situate in a respectable locality. Ram Dulal Sarkar Street premises is situate opposite the well known College for girls Bethune College. On February 16, 1959 the appellants intimated their tenant Dr. R. N. Chakravorty that the Nundies wanted to occupy the first floor of the Ram Dulal Sarkar Street premises with a view to enable them to look after the sweetmeat business more efficiently and they desired that Dr. Chakravorty should move into premises No. 62, Masjid Bari Street with an accommodation of 9 rooms in lieu of the five rooms they were occupying at Ram Dulal Sarkar Street premises on the same rent. Failing to get any reply to this letter the appellants caused a notice of ejectment dated February 27, 1959 to be served on Dr. Chakravorty requiring him to quit and deliver up vacant possession of the portion of 56 Ram Dulal Sarkar Street premises occupied by him on the expiry of the last date of March 1959. On March 9, 1959 the respondents 3 and 4 (the Chakravortys) addressed a communication to the Assistant Secretary, Government of West Bengal, Land and Land Revenue Department with a request to requisition the flat occupied by them.

(3.) In this letter the respondent No. 4 mentioned that in addition to her teaching duties she carried on research work on Indian Medicinal plants with the help of students. She stated that in connection therewith it was essential for her to work until late hours at night and this would not have been possible unless she was living quite close to the College premises. Very soon after this the Government of West Bengal issued an order on March 17, 1959 requisitioning the first floor of 56, Ram Dulal Sarkar Street premises under the provisions of sub-section (1) of Section 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 to the effect that the portion of the said premises in the occupation of Dr. (Mrs.) Chakravorty was in the opinion of the State Government needed for a public purpose. The appellants put in an application for derequisition of the property but to no use. There was an enquiry by the Additional Land Acquisition Collector, Calcutta in the matter who made his report on the demand for derequisition and considered the offer of alternative accommodation to Dr. (Mrs.) Chakravorty at 62, Masjid Bari Street. He noted that the presence in the College laboratory till lat hours in evening was essential for the purpose of guiding research scholars who very frequently had to go to her residence at odd hours.