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1990 Supreme(SC) 600

M.H.KANIA, R.M.SAHAI
Jiwani Parekh – Appellant
Versus
Satyabrata Chakravorty, Managing Director And Chief Executive Of The W. B. Handicraft Development Corpn. LTD. – Respondent


Advocates:
ASHOK DESAI, Bashant Bhushan, Bhola Prasad Singh, D.K.SINHA, KAPIL SIBAL, RATHIN DAS, SHANTI BHUSHAN, TAPAS RAY

JUDGMENT

KANIA, J.:— Sett Mannalal Surana Memorial Trust is the owner of a building situate at 7/ ID, Lindsay Street, Calcutta, one of the busiest Streets in Calcutta where the New Market is situated. The petitioner is the lessee of the said building from the said Trust. On February 25, 1958, a portion of the ground-floor premises in the said building admeasuring 4198 sq. ft (referred to herein after as "the said premises") was requisitioned by the Government of West Bengal under the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947, (hereinafter referred to as "the West Bengal Act,). The purpose for which the said premises were requisitioned was establishing the main showroom of West Bengal Handicraft Development Corporation Limited, a West Bengal Government Undertaking. The said show room is called "Manjusha" and has become a landmark in Calcutta. In H. D. Vora v. State of Maharashtra, (1984) 2 SCC 337 this Court held that the provisions for requisition could be resorted to only where premises were required for a temporary purpose but not where they were required for a permanent purpose. If premises were required for a permanent purpose, they have to b











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