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High Court Of Calcutta
M. M. Dutt, Monoj Kumar Mukherjee
ANDERSON WRIGHT - Appellant
Versus
STATE OF WEST BENGAL - Respondent
AFOD 591 Of 1979
Decided On : 04/21/1982
WEST BENGAL PREMISES REQUISITION AND CONTROL (TEMPORARY PROVISIONS) ACT, 1947 - SECTIONS 3(1), 4(1) - NATURAL JUSTICE - NOTICE - REQUISITION OF PREMISES - PUBLIC PURPOSE - SERVICE OF NOTICE.
Fact of the Case:
The appellant, a tenant in respect of the third floor of premises No. 7, Red Cross Place, Calcutta, challenged an order of requisition issued under Section 3(1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (Act V of 1947), requisitioning the entire northern block of the third floor, servants' quarters on the top floor, and the garage in the ground floor of the premises. The appellant claimed that it was not given an opportunity of being heard before the impugned order was passed and that no notice under Section 4(1) of the Act was served on it.
Finding of the Court:
The court held that the appellant was not entitled to a hearing before the impugned order was passed as the Act did not expressly or by necessary implication provide for the same. The court further held that the appellant was served with a notice under Section 4(1) of the Act, albeit insufficient, and that it was not prejudiced by the insufficiency of the notice as it was not in actual physical possession of the requisitioned premises.
Issues: 1. Whether the appellant was entitled to a hearing before the impugned order of requisition was passed. 2. Whether the appellant was served with a notice under Section 4(1) of the Act.
Ratio Decidendi: 1. The court held that the Act did not expressly or by necessary implication provide for a hearing before an order of requisition was made. The court distinguished the case of Madan Gopal v. District Magistrate, Allahabad, relied upon by the appellant, on the ground that the U.P. Act in that case contained a second proviso which required the owner of the property to be heard before it was requisitioned, while the Act in the present case did not contain such a provision. 2. The court held that the appellant was served with a notice under Section 4(1) of the Act when the First Land Acquisition Collector, Calcutta, forwarded a copy of the order of requisition to the appellant and directed it to vacate the requisitioned premises within a specified time. The court held that this was sufficient compliance with Section 4(1) of the Act.
Final Decision: The court dismissed the appeal, holding that the appellant was not entitled to a hearing before the impugned order was passed and that it was served with a notice under Section 4(1) of the Act, albeit insufficient, and that it was not prejudiced by the insufficiency of the notice.
( 1 ) THE appellant, Anderson Wright and Co. , a partnership firm has preferred this appeal against the judgment of Amiya Kumar Mookerji, J. whereby the learned Judge has discharged the Rule Nisi issued on the application of the appellant under Article 226 of the Constitution of India.
( 2 ) IN the writ petition, the appellant challenged an order of requisition dated Sept. 28, 1977 of the State Government issued under Section 3 (1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (Act V of 1947), hereinafter referred to as the Act. By the said order, the entire northern block of the third floor, servants' quarters on the top floor and the garage in the ground floor of premises No. 7, Red Cross Place (formerly 7, Welleslay Place), Calcutta including all furniture, fans, lights and other fittings and other fixtures lying in the northern block with right of passage through the stairs and use of the northern side lift, gate and right of user of the T. C. by the south-eastern side of the northern block were requisitioned. The possession of the requisitioned premises was alleged to have been taken on Oct. 4, 1977 at 9. 30 A. M. and handed over to the Khardah Company Ltd. , the respondent No. 4, a sick industry.
( 3 ) THE case of the appellant is that it is a tenant in respect of the third floor of the said premises No. 7, Red Cross Place with one garage in the ground floor and the servants' quarter on the terrace under one Durga Prosad Roy, the added respondent, Sarat Chandra Roy and others. By different agreements the appellant allowed East Coast Commercial Co. Ltd. , Ramnugger Cane and Sugar Co. Ltd. , and the respondent No. 4, Khardah Company Ltd. to occupy different portions of the northern block of the third floor of the said premises under leave and licence agreements. The management of the Khardah Company Ltd. was taken over by the Central Government by a notification dated May 16, 1977 issued under the Industries Development and Regulation Act, 1951. The Industrial Reconstruction Corporation of India was appointed the 'authorised person' to take over the management of Khardah Company and Sri J. C. Talukdar was appointed the Chairman of the managing committee of the Company.
( 4 ) THE appellant received from the First Land Acquisition Collector, Calcutta an order No. 19/77, dated May 27, 1977 made by the Governor of West Bengal under Clause (b) of Sub-section (3) of Section 3 of the Act. The order is set out below: "government OF WEST BENGAL land UTILISATION AND REFORMS and LAND AND LAND REVENUE department requisition Bench order no. 19/77 calcutta, the 27th May 1977. WHEREAS It is proposed to requisition the premises described in the schedule below for a public purpose under Sub-section (1) of Section 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (West Bengal Act V of 1947 ). Now, therefore, in exercise of the power conferred by Clause (b) of Sub-section (3) of the said Act the Governor is pleased to direct that until the expiry of three months from the date of the order Shri Sarat Chandra Roy and Sri Durga Prasad Roy of 101, Sova Bazar St. , Calcutta-6, the owners and M/s. Anderson Wright and Co. , of 7, Wellesley Place, Calcutta 1, the tenant shall not, without the permission of the State Government, let out the said premises. The Schedule Description of the premises 7, Wellesley Place (3rd floor), Calcutta, Northern portion, measuring approx. 5550 ft. and right of use of other amenities now in occupation of Khardah Co. Ltd. By Order of the Governor sd/- Illegible deputy Secretary to the government of West Bengal. No. 331 Copy forwarded to Messrs. Anderson Wright and Co. of 7, Wellesley Place, Calcutta-1, tenant of the premises referred to in the order above. Sd/- Illegible first Land Acquisition Collector calcutta. 5, Bankshall Street, Calcutta. The 27th May, 1977. " the appellant by its letter dated June 6, 1977 addressed to t
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