Law: East Bengal (Emergency),Requisition of Property Act (XIII of 1948)

Section: 3

East Bengal (Emergency) Requisition of Property Act (XIII of 1948),   S. 3-Public purpose-Test: whether direct benefit accrues to public or to individual-Construction of Cinema Hall by private individual-Mere user of Hall by public does not justify, requisitioning of land for purpose.   In considering the question whether an order under section 3 of the East Bengal (Emergency) Requisition of Property Act, 1948 has been passed in public interest or for public purpose as contemplated by the section, what is to be seen is whether the purpose is to benefit the public directly. If that is so, then the purpose is undoubtedly a public purpose though it is likely to benefit an individual incidentally or remotely. If, however, the purpose is to benefit an individual directly and the benefit to the public is prospective or incidental, then the purpose is not public. Public pleasure and recreation alone would not justify the taking of land by private individual. Where, therefore, a piece of land adjoining a Cinema Hall, where films were exhibited by an individual, was requisitioned for the purpose of extension of the Hall, it was held, that the benefit accrued to the owner of the Hall directly and the mere user of the Hall by the public on payment did not make the extension of the Hall a public purpose. The order of requisition under section 3 of the East Bengal (Emergency) Requisition of Property Act, 1948, in the circumstances, was therefore, set aside.   Hamabai Framjee Petit v. Secretary of State for India A I R 1914 P C 20 and Nichols on Eminent Domain, 3rd Ed., Vol. 11, pp. 508, 509 ref.   Date of hearing: 1st December 1964.     JUDGMENT   SATTAR. J.----This application under Article 98 of the Con stitution is directed against an order purported to have been passed under section 3 of the East Bengal (Emergency) Requisition of Property Act, 1948, by the Additional Deputy Commissioner, Noakhali, requisitioning a portion of plot No. 137 of Mouza Joykrishnapur, J. L. No. 110, P. S. Sadar, District Noakhali, measuring .61 acre belonging to the petitioner for construction and extension of Cinema Industry at Maijdee.   The…