The court held that a hearing is required before an order of requisition is passed under the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947.

In this application the petitioner who is the Administratrix of the Estate of late N.C. Goenka challenges an order of requisition of a premises in Darjeeling known as "Goenka Lodge", being holding No. 1, Ward No. 8, Uday Chand Mahatab Road. The impugned order is passed under the provisions of West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (hereinafter referred to as "the Act").

2. The principal ground of challenge to the requisition is that the petitioner was not given hearing and that the proceedings were contrary to the principles of natural justice. Elaborate grounds have been taken on this aspect of the matter. One of the grounds which is ground No. XIX may be quoted :

"For that it is incumbent upon the respondents herein to afford your petitioners an opportunity of hearing before purporting to pass the impugned order of requisition and in the absence of such opportunity of hearing the said impugned notice is illegal, bad in law and is violative of the principles or natural justice."

3. This, as I have said, is the principal ground on which the Rule Nisi was issued by me and an interim injunction was granted restraining the respondents from taking any steps under the impugned order of requisition.

4. In the affidavit-in-opposition filed by Suniti Kumar Busu, Special Land Acquisition Collector, Darjeeling and affirmed on the 3rd June 1976, it is stated in paragraph 5 as follows :–

"I say that after receipt of the said notice of requisition the petitioner No. 2 duly made representation before the respondents concerned and she was given full and adequate opportunity of a hearing I say that in consonance with the desire of the petitioner No. 2 for time on 3.5.76, the respondent No.2 adjourned taking possession of the requisitioned house till further orders on 10.5.76 the petitioner was heard and the petitioner wanted the requisition to be given effect to only in respect second and third floor of the requisitioned house leaving the ground floor and the first flour untouched. I say that the respondent no. 2 however, rejected the said prayer and thereafter on the 13.5.76 the learned Advocate for the petitioners sent a letter demanding justice and the said letter was curiously dated 3.5.76 although up to 10.5.76 the petitioners were given hearing and the petitioner no. 2 was also represented by her learned Advocate Shri N. Sarkar and her constituent attorney Sri D. N. Goutam. I say that the petitioner herself gave a letter to the respondent No. 2 intimating her thanks to the respondent No. 2 for allowing her hearin but most unfortunately in the Writ petition the petitioner deliberately made a false statement to effect that there was absence of such opportunity of hearing."

5. At the time of the hearing the records of the case were produced before rue by Mr. Sakti Prasad Mukherjee learned Advocate on behalf of the respondents to substantiate the statements mentioned above. I gave leave to the respondents to file a supplementary affidavit annexing the copies of the relevant records which have since been filed. The relevant portion of the ordersheet and a letter from the petitioner were also directed to be kept on record and has been so done. The relevant portion of the ordersheet may be set out hereinbelow :

"3.5.76 ; Seen prayer dated 3.5.76 from Smt. Rama Sundari Devi for time. Time allowed till 10.5.76 for hearing, Taking possession of the house 'Goenka Lodge' is adjourned till further orders.

Sd/. Illegible.

Deputy Commissioner.

10.5.76 Heard the party who wanted requisition order to be given effect to only in respect of 2nd and 3rd floors only, leaving the ground floor and the Ist floor. This cannot be allowed.

Prayer in respect of the 1st floor is rejected.

Serve copy of the Requisition Order upon all persons known or believed to be interested in the property to surrender possession of the entire property excepting the ground floor of' the building, with furniture, if any, to Shri P. M. Bharates, L.