EID PARRY (INDIA) LTD. Vs. KOLKATA PORT TRUST

JUDGEMENT

(1.) Appellant No. 1 herein was the writ petitioner before the learned Single Judge and the writ petition went against the interest of the appellants. The admitted facts are as under: One Parry & Company Ltd. initially obtained a lease of property from the then Calcutta Port Trust in or about the year 1979. It was renewed for a period of 10 years from time to time till 30th September, 1999. Said Parry & Co. Ltd., got amalgamated with another company and presently it is known as EID Parry (India) Ltd. According to the appellants, when they were negotiating with the respondent authorities for renewal of the lease subsequent to the expiry of lease, they were in permissive possession of the property pending finalization of the terms of fresh lease to be entered into between the parties. According to appellants-writ petitioners, the negotiation fell through and the writ petitioner-company surrendered possession of the premises. According to the appellants-writ petitioners, the order passed by Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was incorrect and there was no justification to proceed with the orders without rendering any opportunity to appellants to address arguments on merit. We need not refer to the other factual situation as the main contention of the appellants-writ petitioners is violation of principles of natural justice as they had no opportunity to address arguments on the main matter before the Estate Officer.

(2.) We have gone through the order sheets pertaining to the matter pending before the Estate Officer in respect of proceedings initiated under Public Premises (Eviction of Unauthorised Occupants) Act, 1971. According to the appellants-writ petitioners, right from 22-2-2007, they were under the impression that the matter would be first heard on the question of maintainability of the proceedings pending before the Estate Officer and later the main matter would be heard on merits. He took us through the order dated 22-2-2007 at page 257 of the paper books which reads as under:

(3.) Order passed on the next date of hearing being 29-3-2007 reads as under: