A requisition cannot continue for an unreasonably long period of time.

AJIT KUMAR SENGUPTA, J.

( 1 ) IN this application the grievance of the petitioners is that a Flat situate at 128a, Dharamtalla Street, Calcutta was requisitioned on 6th May, 1957. Since then the requisition has been continuing. The petitioners have also contended that requisition cannot continue for ever and it was not made for any public purpose. An affidavit-in-opposition has been filed on behalf of the respondents. In para 6 of the said affidavit it has been stated as follows :-"save what are matters of record and save what would appear therefrom, each and every allegation made in paras 3 to 15 of the said petition are denied I state that the premises No. 128a Dharamtala Street, Calcutta (the flat on the Western portion of Ground floor) was reqd under Requisition Order No. 45/57 - Reqn. dt. 6-7-57 issued in exercise of power conferred by Sub-Sec. (1) of S. 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (West Bengal Act, V of 1947) for public purpose. Copy of the said requisition order under this office No. 1860-61 dt. 7-5-57 was served upon the then owners Shri Jitendranath Mallick and Ors. Service of the Requisition order was accepted by the then owners by putting signature on the office copy of the Reqn. order. Possession of the premises concerned by Reqn. order was taken and made over to the Govt. allottee on 21-5-57. Thereafter the said flat was allotted to Shri Sukumar Moitra on 31-1-59. The said flat was again allotted to Smt. Arati Halder. Kitchen (separate from Main Building) of the flat on the Western portion of the Ground floor of the said premises was restored to its owner on 27-9-79 on de-requisition. Payment of rent compensation was made to the owner up to Feb. 1985. The Reqn. Order was made for a bona fide public purpose and the purpose still exists for the public interest. "

( 2 ) IT has not been stated what is the public purpose and who is Shri Sukumar Moitra to whom the flat was allotted on 31-1-59. Thereafter the flat was again allotted to Smt. Arati Halder. Her status is not known. It would also appear from the affidavit that the kitchen (separate from the Main-Building) was restored on 27-9-79 on de-requisition.

( 3 ) MY attention has been drawn to a judgement of the Supreme Court in the case of H. D. Vora v. State of Maharashtra, AIR 1984 SC 866 where Supreme Court has observed that it is not necessary that the order of requisition must explicitly set out the public purpose for which it is made. The only requirement of the law is that the requisition must be made for a public purpose and so long as there is a public purpose for which an order of requisition is made, it would be valid, irrespective of whether such public purpose is recited in the order of requisition or not. The Supreme Court has further held that although the order of requisition need not set out the public purpose for which it was made, the State Government would have to show that the order of requisition was made for a public purpose and the necessary facts showing the public purpose for which the order of requisition was made would have to be established by the State Government to the satisfaction of court.

( 4 ) IN this case no material is placed before me to show what was the public purpose for which the order of requisition was made the requisitioned premises was allotted to a person whose status is not known. No particulars about his status have given in the affidavit. Other contention which also has substance, is the question of keeping the premises indefinitely under requisition. No requisition ought to continue for 30 years.

( 5 ) THE Supreme Court had also considered this aspect of the matter in the judgement in Vora's case (AIR 1984 SC 866) (supra) in para 5 at page 869. "we do not think that the government can under the guise of requisition continue for an indefinite period of time, in substance acquire the property, because that would be a fraud on to power conferred on the Govern

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