Mandatory requirement of serving notice on the owner of the premises under Section 3(2) of the West Bengal Land (Requisition & Acquisition) Act, 1948, and the purpose for the requisition must be in consonance with the purpose indicated in the section.

There are four petitioners in this application. The subject matter of challenge here under Article 226 of the Constitution is the Order No. 36/76/II/48 dated the 22nd November, 1976. The said order has been set out in paragraph 7 of the petition. The order, inter alia, states as follows :

“Form of order for requisitioning land under sub-s (1) of S.3 of the West Bengal Land (Requisition and Acquisition) Act, 1948.

Order No. 36/76/11/78 Dated 22.11.76

Whereas in my opinion it is necessary for the purpose of creating better living conditions in the area to requisition the land described in the Schedule below :

And whereas the State Government has by Notification No. 19754-L.A. dated 22.11.63 published in the Calcutta Gazette, Part I of the 19.12.63 at page 2521 read with Notification No. 19039-L.A./3A-32/7 Pt. dated 22.112.72 published in the Calcutta Gazette, Part I of the 11th January, 1973 at page 45 authorised me to exercise the power conferred by sub-s. (1) of S.3 of the West Bengal Land (Requisition and Acquisition Act, 1948 (West Bengal Act 11 of 1948).

Now, therefore, in exercise of the power conferred by sub-s. (1) of S.3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act 11 of 1948) (Read with the authority so vested in me as aforesaid). I do hereby requisition the land mentioned in the Schedule below and make the following further orders namely :

That the land described in the schedule below shall be placed at my disposal and control on 27.11.76 at 11:30 A.M./P.M. when an officer deputed from this office will take charge and possession of the said land.”

2. Thereafter in the order there is the description of the land which is not necessary for me to set out for the present purpose. It appears that the order of requisition was passed under the West Bengal Land (Requisition & Acquisition) Act, 1948. Section 3 of the said Act is as follows :

(3) Power to requisition : (1) If the State Government is of the opinion that it is necessary so to do for maintaining supplies and services essential to the life of the community or for providing proper facilities for transport, communication, irrigation or derange or for the creation of better living conditions in rural or urban areas not being an industrial or other area excluded by State Government by a notification in this behalf, by the construction or reconstruction of dwelling places for people residing in such areas, the State Government may, by order in writing requisition any land and may make such further orders as appears to it to be necessary or expedient in connection with the requisitioning ;

Provided that no land used for the purpose of religious worship or used by an educational or charitable institution shall be requisitioned under this section.

(1A) A Collector of a District, an Additional District Magistrate or the First Land Acquisition Collector, Calcutta, when authorized by the State Government in this behalf, may exercise within his jurisdiction the powers conferred by sub-s.(1)

(2) An order under sub-s (1) shall be served in the prescribed manner on the owner of the land and where the order relates to land in occupation of an occupier not being the owner of the land, also on such occupier.

(3) If such person fails to comply with an order made under sub-s. (1) the Collector or any person authorized by him in writing in this behalf shall execute the order in such manner as he considers expedient and may, --

(a) If he is a Magistrate enforces the delivery of possession of the land in respect of which the order has been made to himself, or.

(b) if he is not a Magistrate, apply to a Magistrate, or, in Calcutta as defined in clause (ii) of S.5 of the Calcutta Municipal Act, 1951, to the Commissioner of Police and such Magistrate or Commissioner, as the case may be, shall enforce the delivery of possession of such land to him”

3. The petitioners state that the petitioners are the owners of the premises in question. The petitioners became the