Under article 32 of the Constitution of India Soli J. Sorabjee, Gopal Subramanyam, L. P. Agarwala, R. Singh, N. P. Agrwala and V. Shekher for the Petitioner.
11222 of 1983.
4 has been set up there.
In spite of power to acquire the premises in question, the State Government resorted to requisition the same with the intention of permanently acquiring property in an indirect manner thereby the State Government has acted in improper exercise of powers and authority and has number exercised the power bonafide, alleges the petitioner.
S. Nariman, Rathin Das for Respondent Nos.
dated 25th February, 1958 which was substituted by requisition order No.
123/60 Reqn.
A showroom of respondent No.
It is alleged on behalf of the petitioner that in fixing the monthly companypensation for acquisition by Land Acquisition Collector, the High Court in appeal took into companysideration the rate prevailing in the year 1958, being the year in which the requisition took place.
ft on ground floor and 1677 sq.
1, 450 per month inclusive of taxes and repairs with effect from 10th June, 1958 which was ultimately modified to Rs.
N. Kacker, D. K. Sinha and J. R. Das for Respondent No.
on mezzanine floor aggregating to 4198 sq.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This is an application under article 32 of the Constitution of India.
The rest of the order stands.4 herein which is the West Bengal Handicraft and development Corporation Limited a West Bengal Government undertaking .
21/58 Reqn.
ORIGINAL JURISDICTION Writ Petition No.
dated 15th April 1985 Since it has been brought to our numberice which should have been done when the matter was heard that the West Bengal Act 32 of 1955 is number applicable to the facts of the case, we direct that any reference to that Act wherever it occurs shall be deleted and in particular, in para 2 of the order portion of our Judgment we delete the words as substituted for the State of West Bengal by the West Bengal Act of 1955.
7/1 A D Lindsay street, Calcutta which is situated in an important companymercial locality of Calcutta.
The companytention of the petitioner is that from the very beginning the State Government had the intention of keeping the said requisitioned premises permanently.
Order in Writ Petition No.
The ground floor and mezzanine floor of premises No.
Notice was issued and the respondents have filed companynters and have made submissions on the application.
The rent companypensation payable under the said Act was fixed by the Land Acquisition Collector, Calcutta on or about 31st March, 1959 at Rs.
dated 10th November, 1960 issued under the West Bengal Premises Requisition and Control Temporary Provision Act, 1947, hereinafter called the said Act for establishing main Sales showroom of respondent No.
The area under requisition is 2521 sq.
11222 of 1983.
2,500 per month by the High Court of Calcutta.
The petitioner is the lessee of the premises No.
7/1 D, Lindsay Street, Calcutta were requisitioned by Government of West Bengal by order of requisition No.
