VINAY KUMAR SINGH Vs. KOLKATA PORT TRUST

JUDGEMENT

(1.) By this intra-court appeal, writ petitioner has challenged order of the learned Single Judge dated 9 of November, 2022 dismissing WPA No. 21399 of 2007 on contest.

(2.) Appellant had filed the writ petition with the plea that International Engineering and Construction Co. of which the appellant is one of the Director was granted lease by the respondent Kolkata Port Trust Authority for a period of 30 years with effect from 1 of February, 1972 for an area of 1271.659 sq. m in respect of the land situated at one Nimak Mahal Road, Kolkata. The lease agreement was executed on 4 of June, 1973 for a period of 30 years with effect from 1 of February, 1972. Further plea was raised that before the expiry of the lease period, negotiations were started with the Chairman of the KoPT for extending the lease for a further period of 99 years. There was certain unauthorized construction, therefore, the authority of KoPT instructed the appellant for demolition of the construction and the same was demolished and the penalty amount was also deposited. From the writ petition, the appellant had referred to certain correspondence between the parties and had submitted that there was offer and acceptance, therefore, concluded contract between the parties had come into existence for extending lease period. The appellant was issued the quit notice dated 8 of June, 2007 by the Land Manager (I/C), KoPT with the instruction to quit the land by 12 of December, 2007. The appellant was also sent the demand notice by the Land Manager, KoPT vide bill dated 31 of August, 2007 for a sum of Rs.12,10,844.00 on the ground of unauthorized occupation of the land from the period from 1 of February, 2002 to 31 of August, 2007. Being aggrieved with the same, appellant had filed the writ petition with the prayer to command the respondents to withdraw the quit notice dated 8 of June, 2007 and demand notice dated 31 of August, 2007 and also seeking a writ of mandamus commanding the respondents to execute 99 years lease with the appellant.

(3.) Learned Single Judge by order under appeal has dismissed the writ petition on reaching to the following conclusion: