Ms. Swagata Ghosh
…… advocates
Reserved on : 19.02.2026
Judgment on : 26.02.2026
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
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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.
