LAWS(CAL)-1968-11-17

STATE OF WEST BENGAL Vs. A C MOHAMMED

Decided On November 06, 1968
STATE OF WEST BENGAL Appellant
V/S
A.C.MOHAMMED Respondents

JUDGEMENT

(1.) THESE are two appeals, arising out of the requisition of premises No. P-17, Mission Row Extension, Calcutta (1st, 2nd and 3rd floors), under the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947. The dispute was with regard to the monthly compensation, payable for the said requisition. As there was no agreement between the parties on the point, there was a reference under Section 11 (1) (b) of the above Act. In this reference, an award was made by the arbitrator and both parties, being dissatisfied with the same, have filed the instant appeals. The first appeal (F. A. No. 97 of 1957) is by the State of West Bengal, the other appeal (F. A. No. 177 of 1957) is by the Claimants M/s. A. C. Mohammad. The prohibitory order under Section 3 (3) of the above Act was issued on 25th February, 1949. It was actually served on 5th March 1949. The prohibitory order was in regard to the entire premises, P-17, Mission Row Extension except the ground floor. The actual requisition was by the order, dated 7th June, 1949, and it was limited to 1st, 2nd and 3rd floors. Thereafter, from time to time, the date of delivery of possession was extended and, eventually, possession was taken on 30th August, 1949. On 7th September, 1950, the requisitioned property appears to have been derequisitioned, but the prohibitory order was formally withdrawn on 1st December, 1950. On 20th November, 1952, there was an offer from the Government of monthly compensation at the rate of Rs. 3847.50 P. The claimant was not inclined to accept the same and he made a claim of monthly compensation at the rate of Rs. 6075/-per month for the above requisitioned property. In his claim petition, however, there were claims made also under other heads.

(2.) BRIEFLY, the period may be divided into four parts: (i) from 25th February, 1949, the date of issue of the prohibitory order to the date, preceding actual requisition or requisition order, namely, 6th June, 1949; (ii) from 7th June, 1949 the date of actual requisition order, to 29th August, 1949, the date preceding the taking of possession; (iii) 30th August, 1949, to 7th September, 1950, the date of derequisition or redelivery of possession; (iv) 8th September, 1950, to 1st December, 1950, the last date being the date when the prohibitory order was formally; withdrawn. The claimant claims compensation for the entire period from 25th February, 1949, to 1st December, 1950. He also claims compensation not only for the three floors, actually requisitioned, namely, 1st, 2nd and 3rd, but also for the other floors excepting the ground floor, namely, the 4th, 5th and 6th floors, which according to him, were affected by the above requisition, as the prohibitory order, issued earlier, prevented him from making full use of the same.

(3.) IN the State's appeal, we are mainly concerned with this quantum of compensation as, according to the State, the Arbitrator's award on this point is on the excess side in favour of the claimant.