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2002 DIGILAW 493 (CAL)

Beta Chem Industries Ltd. v. Haldia Development Authority

2002-07-26

PINAKI CHANDRA GHOSE

body2002
JUDGMENT Pinaki Chandra Ghose, J.: It appears in this matter that the petitioner was allotted a plot of land measuring 9.80 acres in Mouza Bardhanyaghata (172) Kashbere (146) for establishing a Chemical Complex at Haldia by the petitioner. The lease was granted on 16.2.96. In terms of the said lease agreement the petitioner being the lessee had to erect and construct a factory within a period of 3 years from the said date of lease. It is specifically mentioned in the said Deed of Lease in Clause 21 that if the lessee fail and neglect to erect and construct the factory within three years form the date of the presents, the lessor shall have the right and be entitled to determine these presents and thereafter to re-enter into the demised premises or a portion thereof in the same of the whole, or current price of the land be charged. It was also agreed upon by and between the parties in terms of the said lease they shall pay the rent of the demised premises to the Special Officer, Urban Development (T & CP) Department by 31st March, of each year at the rate of Rs. 10.00 per acre per annum. 2. Further clause in the said lease as stated in Clause 15 that the demised a land or any part thereof shall, at any time, be required by the lessor for a public purpose the lessee shall vacate and deliver possession of the same on demand upon payment or the compensation that may be assessed to be payable to the lessee by the appropriate authority. 3. In terms of the said agreement, the petitioner, as it appears from the records produced before this Court by the respondents, that the petitioner failed to take any steps to construct such factory thereon and did not take any steps in respect thereof as a result whereof the respondent authorities had to send notice by Registered Post on a number of occasions with acknowledgment due card as the addresses of the petitioner company which were known to the respondent authorities. 4. 4. Inspite of service of such notices, the said notices were returned to the said authorities as a result whereof the authorities had to cause publication of advertisement issued in the leading News Papers i.e. 'Times of India' and 'Telegraph' on 21.8.2001 and 18.8.2001 and gave an opportunity to the petitioner to show cause as to why such right of the authorities shall not be exercised or the lease shall not be cancelled or to be determined by the said authorities. Since there was no response on the part of the petitioners, the respondent authorities had no other alternative but to pass an order in the matter determining the said lease on 1.3.2002. 5. Such order shall also be communicated to the petitioner. After such communication, the petitioner thereafter filed this writ petition before this Court on 18.7.2002 suppressing all such material facts from this Court which has not been pleaded in the petition and on the facts pleaded in the instant petition specifically mentioning that without giving any chance of being heard or show cause notice was issued by the authorities to determine the lease. As such, on the submission made by the petitioner an interim order was passed on 18.7.2002. In terms of the direction, the matter was directed to appear in the list and the respondent authorities were directed to produce records when the matter will appear in the list. Records have been produced before this Court. It appears that the facts as narrated hereinbefore by the petitioner is a clear suppression of material fact and the same has not been mentioned in the petition. Such practice should not be appreciated by this Court rather, the same is deprecated by this Court. 6. In that view of the matter, such application is dismissed with costs assessed at 1000 gms. to be paid by the petitioner to the respondent authorities. 7. This petition is thus dismissed. Interim orders if any are vacated. 8. Let xerox certified copy of this order be given to the ld. Advocate for the parties. Petition dismissed with costs.