Unfinished buildings that are connected and entire structures constitute 'premises' within the meaning of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 and can be requisitioned by the Government for public purposes.

( 1 ) IN or about October 1947, the Government of West Bengal proposed to rent a portion of the structure then under construction at P. 17, Mission Row Extension in Calcutta, belonging to the petitioners and for the purpose of expediting the completion of the construction agreed to give them facilities for procuring cement, steel and other building materials by the issue of necessary permits, the said materials being then controlled goods.

( 2 ) IT is alleged in the petition that the Government after giving the facilities for some time stopped them.

( 3 ) ON 9-12-1948, the petitioners through their attorney wrote to the Secretary, Government of West Bengal, that if the Government was serious in taking the property on lease, facilities for obtaining the materials should be forthwith given and rent fixed. If on the other hand, the Government was unwilling to give such facilities, the petitioners would have no other alternative but to pub an end to the negotiations with the Government for renting the structure to the Government and would take steps to secure the materials otherwise and complete the buildings and let them to other persons.

( 4 ) THERE was no reply to this letter. Nor did the Government take any steps for rendering such facilities.

( 5 ) IT is further alleged by the petitioners that in January 1949, they negotiated with and obtained a loan of Rs. 7,80,000 from the Hindusthan Co-operative Insurance Society and entered into agreements of tenancy with various persons, the prospective tenants undertaking to advance moneys, for the completion of the structure.

( 6 ) ON 25-2-1949, the Provincial Government, with a view to requisition the premises (except the ground floor), made an order under Section 3 (3), West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947, directing the petitioners not, without the permission of the Government, to dispose of or structurally alter the premises, and by an order dated 7-6-1949, under Sub-section (1) requisitioned the first, second and third floors.

( 7 ) AT the time of such order the building had not been completed. There was no plastering of the walls, only the steel posts of the sixth floor had been erected; doors and windows had not been fixed; stair-case not completed ; drainage work not done; tube-well not sunk, etc.

( 8 ) THIS is not disputed.

( 9 ) THE respondent by an order subsequently made, directed the petitioners to make, over to him possession of the portion requisitioned. The time to make over possession was extended from time to time and ultimately on 30-8-1949, possession of the portion requisitioned was taken and it was made over to the Works and Buildings Department of the Government of West Bengal; presumably with a view to complete the requisitioned portion.

( 10 ) THE Government wanted the, premises for the purpose of locating, its offices.

( 11 ) THE petitioners protested against the order and called upon the respondent to cancel the order made by him and demanded restoration of possession of the portion requisitioned. That was not done.

( 12 ) THE petitioners moved this Court on or about 31-8-1949, for an order directing the respondent to forbear from giving effect to, or taking any step under the order dated the 7th June, and subsequent orders and from taking possession of the property; and for a further order that the respondent do restore possession to the petitioners of the portion he had taken possession.

( 13 ) THERE was also a prayer that the order dated the 7th June and subsequent orders be brought up to this Court and quashed.

( 14 ) I granted the Rule. But as the case involved substantial question of law of public importance, I made a report under chap. 5, Rule 3, Original Side Rules and the Chief Justice has constituted this Bench for the disposal of the Rule. The matter accordingly has come before us for final disposal.

( 15 ) THE real question is whether the order, D/- 7-6-1949 requisitioning the pr