PUNALUR PAPER MILLS LTD Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) These writ petitions have been filed under Article 226 of the Constitution of India for assailing the requistion and the impugned notification dated August 31, 2000 for acquisition of about 1350 sq. ft. area on the fifth floor of premises No.13, Nellie Sengupta Sarani, Kolkata 700 087 (in short, "said premises").

(2.) Factual matrix of the case is that the said premises belonging to the petitioner No.1 was requisitioned by the Land Acquisition Collector for the Office purpose of West Bengal Sugar Industries Development Corporation Ltd, on August 16, 1973. The said company West Bengal Sugar Industries is respondent No.4 in W.P. No.1211 of 2000 and respondent No.5 in W.P. No.3006 of 2000. For the sake of convenience, the said company, the requiring body, is hereinafter referred to as the respondent No.5.

(3.) The said requisition expired after 25 years as per the provisions of Section 10B of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 and the State and/or the respondent No.5 was statutorily obliged to vacate and hand over possession of the said premises to the petitioner company.