OTAFALLOONS FORWARDERS PRIVATE LTD. Vs. CALCUTTA PORT TRUST

JUDGEMENT

(1.) The petitioner company carries on business of clearing, shipping and forwarding of goods within the area of Calcutta Port Trust and Haldia Dock Complex. For the purpose of effectively running its aforesaid activities in coordination with the Haldia Dock Complex authorities, the petitioner company made a written request on 5th June, 1979 to the General Manager, Haldia Dock Complex for providing an accommodation in two "D" type flats. In response to the said request, manager (I & CF) Haldia Dock Complex informed the petitioner by a letter dated 24th August, 1979, that licence of one unit of "D" type flat in the Calcutta Port Trust's building at Haldia can be given to the petitioner on the following terms and conditions:

(2.) By a notice dated 29 -11 -82, Manager (1& CF) Haldia Dock Complex cancelled, revoked and withdrew the leave and licence granted to the petitioner company in respect of the flat in question with effect from 31st March, 1983. In spite of serving the aforesaid notice neither the petitioner company handed over the vacant possession of the flat in question nor the respondent Calcutta Port Trust authorities took any further steps in terms of the said notice and on the contrary the Port Trust authorities accepted payments towards the licence fees from the petitioner company. Thereafter, by another notice dated 9th January, 1986, the Manager (I & CF) Haldia Dock Complex informed the petitioner company that leave and licence granted to the petitioner company in respect of the flat in question shall stand cancelled, revoked and withdrawn with effect from 1st February. 1986, as the said flat is required by the Calcutta Port Trust authorities for providing residential accommodation to its employees.

(3.) The petitioner company through its Advocate sent a reply to the aforesaid notice of the Port Trust authorities and requested the Calcutta Port Trust authorities for not taking any further steps as threatened in the notice dated 09 -06 -86. Since the Writ Petitioner refused to hand over vacant and peaceful possession of the flat in question even after receiving the notice dated 9th January, 1986, a show cause notice was issued to the petitioner company by the Estate Officer under Sec. 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The petitioner company instead of showing any cause in response to the said show cause notice forwarded a copy of the letter of its Advocate dated 30th January, 1986,. which was submitted earlier by the said Advocate of the petitioner company in reply to the notice of revocation and cancellation of licence dated 9th January, 1986 issued by the Calcutta Port Trust authorities.