Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | West Bengal Premises Requisition and Control (Temporary Provisions) Act 1894 1947 – Requisition of Premises – Scope of s. 10B – Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 – Requisition of Premises – Scope of s. 10B – Land Acquisition Act, 1894 – ss. 4 and 17(4) – Premises owned by appellant was requisitioned under the West Bengal Requisition Act by WBMDTCL – s. 10 B was inserted by way of amendment in West Bengal Requisition Act which provides that property requisitioned under the said act had to be released by the State Government on or before the expiry of a period of 25 year from date of requisition – After the lapse of said period, premises was not released, however, by way of notification u/s. 4 of Land Acquisition Act, 1894, the premises was sought to be acquired for the public purpose for providing the office of WBMDTCL – Said notification was challenged before Single Judge of High Court, in the mean time another notification u/s. 4 of Land Acquisition Act was issued, this time by invoking the urgency provision u/s 17(4) – Single Judge struck down the composite notifications by holding that the urgency provision was wrongly invoked and directed WBMDTCL to vacate premises – The Division Bench of High Court upheld the order of Single Judge and set aside the order of acquisition and directed that the vacant possession of the premises should be handover to appellant – It was also observed that WBMDTCL had been enjoying the said property without paying any money subsequent to the expiry of 25 years – It was further held that the Chief Judge, City Civil Court shall asses the compensation for the period of 16.08.1998 till the possession is made over to appellant – Three separate appeals were filed before the Supreme Court against the said order, one by the State and second by appellant only on the limited ground, namely, compensation cannot be assessed by District Judge and third one by WBMDTCL – Held: The impugned judgment of Division Bench of the High Court is correct in law as the State was on notice from the date of insertion of s.10B, that the Premises would have to be released on or before 15.08.1998 – This gave the State the time of 11.5 years to act and acquire the premises but State issued the notification long after the requisition period lapsed – Hence, the appeal filed by the State are dismissed – Appeal filed by the appellant on the limited ground, namely, compensation is allowed as it is clear from the cursory reading of the provision that the compensation for the illegal occupation of the premises cannot be assessed by the District Judge u/s 11(1)(b) of the West Bengal Requisition Act, as s.11(1) refers to compensation during the period of requisition and not after the property continues to remain with the state without any authority of law even after the requisition period ends – Hence, the impugned judgment of the Divison Bench of the High Court is set aside to that extent – Arbitrator is appointed to determine the compensation that is payable by way of damages for occupation of the premises without any authority of law – WBMDTCL directed to vacate the premises. Constitution of India: Art. 12 – State – Unlawful Possession – Held : WBMDTCL, which is a “State” within the meaning of Art. 12 of Constitution of India, continued in unlawful possession of the premises since 15.08.1998 without paying a single pie towards compensation till date – Therefore, arbitrator is appointed to determine the compensation that is payable by way of damages for occupation of the premises without any authority of law. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2021 INSC 126 |
Petitioner | Punalur Paper Mills Ltd. |
Respondent | West Bengal Mineral Development And Trading Corporation Ltd. & Ors. |
SCR | [2021] 3 S.C.R. 1 |
Judgement Date | 2021-03-01 |
Case Number | 738 - 739 |
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