WEST BENGAL STATE WAREHOUSING CORPORATION versus M/S. INDRAPURI STUDIO PVT. LTD. AND ANOTHER

WEST BENGAL STATE WAREHOUSING CORPORATION versus M/S. INDRAPURI STUDIO PVT. LTD. AND ANOTHER

A person for whose benefit premises are requisitioned or to whom the premises are transferred does not fall under 'person interested' as defined in Section 2(d) of the West Bengal Premises Requisition and Control Act, 1947, and therefore cannot participate in compensation determination, receive a copy of the award as of right, or challenge the arbitrator's award by appeal.

Parties
Appellant: West Bengal State Warehousing Corporation; Respondent No.1: M/s. Indrapuri Studio Pvt. Ltd.; Respondent No.2: State Government of West Bengal
Jurisdiction
India
Judgment Date
19 October 2010
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Calcutta High Court (fa No. 27 of 2005) Against Arbitral Award Dated 1.1.2003
Outcome
Appeal dismissed
Legal Topics
Compensation for Requisitioned Premises, Definition of 'person Interested', Interpretation of Statutory Definitions
Property Law Administrative Law Compensation for Requisitioned Premises Definition of 'person Interested' Interpretation of Statutory Definitions

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Parties

West Bengal State Warehousing Corporation

Appellant

M/s. Indrapuri Studio Pvt. Ltd.

Respondent No.1

State Government of West Bengal

Respondent No.2

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Calcutta High Court (fa No. 27 of 2005) Against Arbitral Award Dated 1.1.2003

Legal Issues

  1. 1 Whether the appellant is a 'person interested' under Section 2(d) of the West Bengal Premises Requisition and Control Act, 1947, and entitled to challenge the arbitrator's award determining compensation.
  2. 2 Whether a beneficiary/transferee of requisitioned premises may participate in compensation determination or appeal the award.

Ratio Decidendi

A person for whose benefit premises are requisitioned or to whom the premises are transferred does not fall under 'person interested' as defined in Section 2(d) of the West Bengal Premises Requisition and Control Act, 1947, and therefore cannot participate in compensation determination, receive a copy of the award as of right, or challenge the arbitrator's award by appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; parties to bear their own costs