BONBEHARI ROY Vs. KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is an application under Order 21, Rule 11 (2) of the Code of Civil Procedure, 1908 (in short 'the CPC), it has been filed for execution of order dated Sept. 6th passed in Writ Petition No. 2581 of 2001.

(2.) The facts : The respondent (Kolkata Metropolitan Development Authority) is the tenant of certain portions of the property at 3A, Auckland Place, Kolkata. The petitioners are the landlords. On Sept. 19th, 2000 the respondent agreed to refer the dispute regarding revision of rent to the competent authority in terms of circular dated August 3rd/11th, 1993 of the State Government. On the reference the First Land Acquisition Collector, Calcutta, gave the decision dated March 20th , 2001. He fixed the fair and reasonable rent at Rs. 2,83,389/- per month Inclusive of all taxes and costs of repairs and maintenance, the determination was directed to be effective from Jan. 1st, 1997. The petitioners forwarded the draft copy of the agreement, but the respondent did not respond. On June 6th, 2001 the petitioners raised a bill for Rs. l,33,43,616.54p. The respondent did not pay the amount. On June 29th, 2001 the respondent vacated three floors out of seven floors it was occupying at the premises. On Dec. 30th, 2001 it surrendered two more floors. By a letter dated August 6th, 2001 the respondent increased the rent from July, 2001. The increase was at a rate much lower than the one fixed by the competent authority. Since the decision dated March 20th, 2001 given by the competent authority was not implemented by the respondent, the petitioners filed the writ-petition. By the order dated Sept. 6th, 2002 it was allowed; the respondent was directed to follow the decision dated March 20th, 2001. The respondent, however, did not comply with the direction. Hence the petitioners have filed this application for execution of the order.

(3.) Mr. Moloy Basu, senior advocate, appears for the respondent. He questions the maintainability of the application by making the following submissions. An order passed in a writ petition cannot be executed under Order 21 of the CPC. As provided in Section 141 of the CPC, its provisions do , not apply to a proceeding under Art. 226 of the Constitution of India. An order passed in a writ petition can be enforced only by initiating a contempt proceeding.