JUDGMENT :

HIRANMAY BHATTACHARYYA, J.

1. Petitioners have sought for a mandamus commanding the respondents to appoint an Arbitrator for determination of the compensation to be awarded to the petitioners for the period from the midnight of March 31, 1992 till January 13, 2023.

2. Petitioners claim that their predecessor-in-interest became the owner of Premises No. 2, Garstin Place, Kolkata- 700 001 ( hereinafter referred to as the “said premises”) by dint of purchase from the erstwhile owner. The First Land Acquisition Collector requisitioned the northern portion of the first floor of the said premises on 07.11.1965 invoking the provisions of West Bengal Premises Requisition and Control (Temporary Provision) Act, 1947 (for short “the 1947 Act”) for accommodating the election authority of the Kolkata Municipal Corporation (for short “KMC”). The northern portion of the third floor was further requisitioned by the aforesaid authority on August 31, 1979 under the 1947 Act for identical purpose. The remaining portion of the third floor was requisitioned for identical purpose on October 4, 1986 under the 1947 Act. By virtue of the said requisitions, KMC was in occupation and possession of different portions of the said premises.

3. Though an attempt was made to acquire the said premises by issuing a notification under Section 4 of the Land Acquisition Act, 1894 (for short the “1894 Act”) followed by a declaration under Section 6 of the 1894 Act, the said acquisition proceeding stood lapsed as no award was published within the stipulated period under Section 11A of the 1894 Act.

4. The owners of the said premises approached this Court by filing AP/97/2002 for appointment of an Arbitrator to determine the rent compensation under Section 11 of the 1947 Act. The said application was disposed of by an order dated July 5, 2002 whereby, on consent of the parties, the Learned District Judge, 24 Parganas (North) was appointed as an Arbitrator. The Arbitrator made an award dated April 18, 2007 assessing the rent compensation for the period from the date of requisition of the said premises till July 27, 1989.

5. Petitioners filed a writ petition being WP/61/2017 praying for a writ of mandamus commanding and directing the respondent authorities to forthwith make over possession of the specific portions of the said premises and for a further direction upon the respondents to pay to the petitioners a sum assessed on account of mesne profits for the period from July 27, 1989 till such time vacant possession of the aforesaid portions of the said premises are made over to the petitioners.

6. The said writ petition was disposed of by a co-ordinate bench by a judgment and order dated August 10, 2018 by directing the State Government to take steps relating to revision of the compensation for the period from the midnight of March 31, 1992 till the property is acquired or in the event no acquisition proceeding is initiated, the same is to be physically and actually delivered to the petitioners.

7. The possession of the requisitioned property was actually delivered on January 13, 2023. The rent compensation was initially assessed for the period from April 1, 1992 till March 2019. Thereafter a further assessment was made for the period from April 2019 till January 12, 2023.

8. Petitioners recorded their dissatisfaction against the amount of rent compensation assessed by the First Land Acquisition Collector and claims to have accepted the amount without prejudice to their rights and contentions.

9. The instant writ petition has been filed as the petitioners are not satisfied with the amount assessed as rent compensation.

10. Mr. Bardhan, learned advocate appearing in support of the writ petition contended that no agreement on the amount of compensation was reached between the parties when the authorities fixed the revised compensation and, therefore, the State Government was under a statutory obligation to appoint an Arbitrator in the light of the provisions laid down