RANI ALOKA DUDHORIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated March 20, 1992, passed by the learned trial Judge rejecting the writ application.

(2.) The subject matter of challenge in the writ application was an order of requisition dated May 5, 1986, passed under section 3(1) of the West Bengal Land (Requisition & Acquisition) Act, 1948. The property was sought to be requisitioned for "the purpose of maintaining supplies and services essential to the life of the community, viz., for construction of Government building for Government Offices and residential quarters to the requisitioned land described in the schedule below". The land which was sought to be requisitioned was more or less 0.1347 hectares or 0.3329 acres comprising premises No.6, Camac Street (portion), Calcutta, The total land area of the premises in one bigha 6 cattahs 10 chattaks 68 sq. ft., and that area of land under requisition appears to be one-third of an acre. In the order of requisition, the particular portion of the property sought to be requisitioned has not been disclosed.

(3.) The appellants case is that the appellant Nos. 1 to 8 are the owners of the premises No.6, Camac Street, and the appellant Nos.1 to 8 entered into an agreement with the appellant No.9, by which the appellant Nos.1 to 8 agreed to sell the property to the appellant No.9 in accordance with the terms and conditions mentioned in the said agreement. After the agreement was made, the possession of the property was transferred to the appellant No.9. A portion of the said building was originally let out to the State Planning Board at a monthly rent of Rs. 6000/-, and that the possession of the entire premises excluding the area under the possession of the State Planning remained with the planning Board, the respondent No.4 herein. In the instant case, it appears that the appellant No.9, by the letter dated January 24, 1986, submitted certain proposals for the consideration of the Government of the State of West Bengal. The said proposals were as follows :-