PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) ALL INDIA RADIO AND TELEVISION, KOLKATA Vs. KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This writ application is directed against an order of cancellation of allotment of bulk land dated November 3, 2008 passed by the respondent no. 2. The aforesaid bulk land was lying and situated at 2 Plot no. 1-4, Block E, measuring about 5.517 acres and plot no. GRH-5, Block-E, within BaisnabghataPatuli Area Development Project, District South 24 Parganas (hereinafter referred 2 to as the said plots of land).

(2.) The backdrop of this case is stated herein below:- The petitioner no. 1 was a Government Company incorporated under the Companies Act, 1956 and it was established as statutory Corporation under the Prasar Bharati (Broadcasting Corporation of India) Act 1990. The petitioner no. was the principal Officer of the petitioner no.1.

(3.) The respondent no. 2 was a statutory Corporation established under the West Bengal Town and Country (Planning & Development) Act 1979. The petitioner no. 1 applied to the respondent no. 1 for granting lease of the said plots of land in its favour. The respondent no. 1 agreed to the above proposal and allotted the said plots of land in favour of the petitioner no. 1. Possession of the said plots of land was handed over to the petitioner no. 1 on November 19, 1992. Subsequently, an indenture dated July 24, 2006 (hereinafter referred to as the said indenture) was executed by and between the respondent no. 1 and the petitioner no. 1 incorporating therein the terms and conditions of lease of the said plots of land in favour of the petitioner no. 1. Sub-clauses (c) and (o) of the Clause-2 of the above indenture are required to be taken into consideration for adjudication of the issue involved in this case and the same are quoted below:-