CHITTARANJAN SEN MAJUMDAR Vs. FIRST LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) THE subject matter of challenge in this application under Article 226 of the Constitution is the notice of requisition dated the 26th may, 1977.

(2.) BY the impugned notice issued under section 3 of the West Bengal premises Requisition and Control (Temporary provisions) Act, 1947, the flat No. 3 on the 5th Floor of premises no. 26, Chowringhee Road, Calcutta, was requisitioned and the occupants were directed to vacate on 3rd June, 1977. The petitioner in this case is one chittaranjan Sen Majumdar. He states that he belongs to the West Bengal Civil Service and he is an officer attached to the Writers' Buildings. He took the flat in question for his own use. He stated in his petition that he formerly used to reside, due to lack of accommodation, at C (W) 47a, Rabindra Nagore, p. O. Bartola in the district of 24 Paraganas but as the place was distant he had applied for a flat under the Official trustee and had obtained the flat in question. He stated further that he is a monthly tenant of the said flat at the rate of Rs. 330/- per month.

(3.) THIS challenge has been based on four main grounds. It has been contended that no notice under sub-section (2) of section 3 of the West Bengal premises Requisition and Control (Temporary Provisions) Act, 1947 had been served upon the petitioner. It is, secondly, stated that no order under section 4 (1) of the said Act had been served upon the petitioner. It has been alleged that in any event the period given in the notice in the instant case was too short. It has been, thirdly, urged that no hearing had been given to the petitioner before making the impugned order. It has been submitted that as the requisition of the flat affected the property rights of the petitioner, the petitioner was entitled to a hearing before the impugned order had been passed. It was, lastly, contended that the impugned order was passed malafide.