Daulat Singh Surana & Others vs First Land Acquisition Collector & ...

A plan of the land may be inspected in the Office of the First Land Acquisition Collector, Calcutta, at No.5, Bankshall Street, Calcutta-700

In the year 1943, under the Defence of India Rules, the premises situated at 4, Pretoria Street, Calcutta was requisitioned by the Government of West Bengal. After requisition, the Government started using the ground floor of the two-storeyed building, standing thereon, as office of the Dy. Commissioner of Police (Security Control), and the first floor thereof, as residential accommodation of the said officer. Admittedly, the premises and the land appurtenant to the premises has been continuously in possession of the respondent-State Government since 1943 and from year 1943, the said premises is being used as the office of the Dy. Commissioner of Police (Security Control). In other words, for the last more than 63 years the office of Dy. Commissioner of Police (Security Control) has been continuously functioning from the said premises.

In the impugned judgment and other judgments delivered from time to time, the other facts regarding requisition and acquisition have been incorporated. Therefore, briefly, we would indicate those facts in order to understand the controversy involved in the said case properly and comprehensively. We would like to clearly indicate that our directions would remain confined only to the validity of Section 4 and declaration made under Section 6 of the Act.

Essential facts Brief facts necessary to understand and comprehend the controversy involved in the case are briefly stated as under.

After the acquisition of the said premises in the year 1943, both office and residence of the Dy. Commissioner of Police (Security Control) started functioning at the said premises. On 28th December, 1947, the Government of West Bengal de-requisitioned the said land, but detained possession thereof. Again, by order dated 30th January, 1959 issued under Section 3(1) of the West Bengal Premises Requisition and Control (Temporary Provision) Act, 1947, the Government requisitioned the said land and continued to use the same for the same purpose.

The appellant purchased the said land on 27.9.1982 along with the existing building. The appellant filed a writ petition being W.P. No.872 of 1984 before the Calcutta High Court in the year 1984.

The writ petition was allowed by the learned Single Judge vide judgment dated 17th September, 1985. The respondent-State preferred an appeal (FMA No.508 of 1985). The said appeal was disposed of by the judgment of the Division Bench dated 12th December, 1985. The requisition thereof was to remain valid for a period of six months from 12th December, 1985 and the requisition in regard to the garden was put to an end with the direction to hand over the possession to the appellant with liberty to acquire at the same time.

The respondent-Government once again requisitioned the said land by making an order dated 31st May, 1986 under Section 3(1) of the West Bengal Act 2 of 1948. The respondent-Government of West Bengal continued to use the said requisitioned land for the same purpose as before. Thereafter, for acquiring the said land, the government published a notice dated 14th August, 1986 under Section 4(1a) of the West Bengal Act 2 of 1948 in the official gazette on 16th August, 1986.

The respondent-Government preferred an appeal (FMAT No. 2224 of 1987) and it was disposed of by the Division Bench on 7th September, 1990. The appeal was allowed and the judgment appealed from was set aside to the extent indicated hereinbelow. The relevant portion of the judgment is reproduced hereinbelow :-

By the order passed in Writ Petition No.3799 of 1992, the requisition order dated 30th January, 1959 was set aside together with the direction to the State Government to deliver the vacant possession of the land and the building to the appellant within six months. By a subsequent order dated 8th July, 1994 passed in Writ Petition No.3798 of 1992, the learned Single Judge was pleased to modify his order dated 18th August, 1993 to the effect that the said order would not prevent the Government from issuing fresh notice in terms of the orders of the Court, for acquisition of the land within the period of six months after they wanted to acquire the land.

Ambiguity, indefiniteness and vagueness of public purpose are usually the grounds on which notifications under Section 4(1) of the Land Acquisition Act are assailed.

The concept of 'eminent domain' is an essential attribute of every State. This concept is based on the fundamental principle that the interest and claim of the whole community is always superior to the interest of an individual.

We have heard the learned counsel for the appellant and the respondent at length. We have also carefully examined the pleadings, documents, impugned judgments and other judgments cited at the Bar. We see no reason to interfere with the well-reasoned judgment passed by the Division Bench of the Calcutta High Court, particularly, when the Division Bench had given liberty to the appellant to recover rent, compensation or damages in appropriate proceedings in accordance with law. The appeal being devoid of any merit is accordingly dismissed.

In the facts and circumstances of the case, we direct the parties to bear their own costs.