AIR 1969 CALCUTTA 531 ::ILR (1969) 1 Cal 480

Calcutta High Court

Hon'ble Judge(s): P. N. Mookerjee, A. C. Gupta , JJ

(A) West Bengal Premises Requisition and Control (Temporary Provisions) Act (5 of 1947) , S.11(1)(b)— Houses and Rents - @page-Cal532Dispute as regards compensation - Arbitrator to fix quantum only for property actually requisitioned - Claim for compensation for other portions said to have been affected by requisition order, held, beyond the scope of reference. Arbitration Act (10 of 1940) , S.2— (Para 10) (B) West Bengal Premises Requisition and Control (Temporary Provisions) Act (5 of 1947) , S.3(1), S.3(3)— Houses and Rents - Prohibitory order u/S.3(3) - No absolute bar placed on the claimant - Things could be done in respect of property with prior permission of the Government - Compensation, held, could not be given for the period - Compensation was, however, payable from time actual requisition order was issued - Since the claimant was prevented from making effective use of the property from the date of the requisition order, even though the actual possession was taken after extension from time to time. (Para 11) (C) West Bengal Premises Requisition and Control (Temporary Provisions) Act (5 of 1947) , S.11(1)(b)— Houses and Rents - Property derequisitioned and....