K M C Vs. DERBY SALES PVT LTD

JUDGEMENT

(1.) THE Court (ORAL): This appeal has been filed by the Kolkata Municipal corporation and another against the Order passed by the learned single judge dated 3rd of August 2006.

(2.) THE Writ Petitioner-Respondent No. 1 herein is the owner of the premises known as 7/1a, Hazra Road, Kolkata-700019. These premises had been requisitioned in the year 1942 under the Defence of India Act, 1939. Possession was taken by the concerned authority on August 5, 1942. The requisition of the said premises was continued under the West bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (hereinafter referred to as "the 1947 Act") and/or under the West bengal Requisitioned Land (Continuation of Powers) Act, 1951 (hereinafter referred to as "the 1951 Act" ).

(3.) AT the time of requisition one Paramananda Bose (hereinafter referred as the erstwhile owner) was the owner of the premises requisitioned. On 17th July, 1992 the erstwhile owner sold the premises to Rajarshi Dey. Thereafter, the premises were purchased by the present petitioner No. l on November 13, 2002.