DEEPA CHAKROBORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners in this art.226 petition dated September 9, 2009 are aggrieved by the decision stated in the letter of the Joint Secretary to the Government of West Bengal, Urban Development Department dated July 16, 2009, Annexure P11 at p.63. The contents of the letter are quoted below: In response to your letter dated 24th March, 2009 on the subject noted I am directed to inform you that formal possession in respect of Plot No. EN-24 Sector-V of Salt Lake was handed over to its lessees i.e., the partners of M/s. Crystal Clear Filtration on 5th September, 2006. And since then the lessee firm has not shown any interest for proper utilization of the said plot of land in question. Moreover, the cause as cited by the lessees in their letter dated 11th February, 2009 is not at all convincing and acceptable to the Government. Again, no proposal for change of land use purpose in lieu of original purpose has been received from the lessees for effective utilization of the said plot of land. So, it is crystal clear from the correspondences made by the lessees from time to time that they only wanted to use the plot for pecuniary gain and the lessees lack initiative to utilize the demised plot of land on their own which goes against the intention of the Government toward small entrepreneurs. Hence, the Governments decision in this regards as intimated vide this Departments letter No. 849-UD dated 6th March, 2009 still stands. Mr Mukherjee, counsel for the petitioners, submits that in view of the policy decision of the government no.1721-UD/O/M/SL(AL/NR)/8L-8/2004(pt.) dated May 6, 2005 the official giving the decision was wrong in refusing the petitioners permission to transfer their leasehold of the plot. The contents of the policy decision no.1721 dated May 6, 2005 are quoted below: It has come to the notice of the Government of West Bengal that quite a good number of industrial/commercial plots and industrial/commercial plots with industrial/commercial units in Bidhannagar are still lying unutilized although the lessees had taken delivery of possession of such plots of land from the Government long ago. In some cases, the lessees of industrial/commercial plots become unable to carry on their industrial/commercial units any longer.

(2.) Sometimes many of the lessees approached the Government for permission to transfer their plots of land to other entrepreneurs for various reasons. One of the major reasons being their financial inability to implement the project or to carry on their projects further. The Government has been dealing with such proposals case by case according to their merit. The process becomes lengthy and time consuming. The plots of land, in the process, remain unutilised although there is a huge demand for land for expansion of industries in the State.

(3.) In order to streamline the entire process and to ensure that all the unutilised plots of industrial and commercial land and industrial and commercial land with industrial/commercial units in Bidhannagar are put to effective use in all manners, the Governor has been pleased in terms of clause 2(8) and clause 2(6)(a) of the lease-deed or the relevant clause of the lease-deed restricting transfer to order that the Government of West Bengal shall allow the lessee of Bidhannagar industrial/commercial plots of land and industrial/commercial land with industrial/commercial units either partly or wholly to others for the unexpired period of lease-term subject to certain conditions laid down hereinbelow. The Governor has further been pleased to order that for the aforesaid purpose the words the lessee shall mean proprietor(s)/partner(s)/private limited company/public limited company and the transferee shall mean proprietor(s)/partner(s)/private limited company/public limited company. To seek the permission of the Government to transfer his leasehold right to others, the lessee shall have to apply to the Principal Secretary to the Government of West Bengal, Urban Development Department, Nagarayan, DF-8, Sector-I, Bidhannagar, Kolkata -700 064 specifying the reasons for such transfer. The transfer of the above leasehold right to the close-blood relations will, however, continue to be governed by the order which is already in force.