LAXMI PAT SURANA Vs. THE CHAIRMAN, WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED AND OTHERS

JUDGEMENT

(1.) The parties have taken diametrically opposite turn in course of the hearing of the writ petition by inviting the Court to decide the point which was neither pleaded originally in the writ petition nor the reliefs were claimed in this regard. The writ petition was filed in the year 2012 to issue a writ of mandamus commanding the Chief Engineer (Commercial), West Bengal State Electricity Distribution Company Limited, the respondent no.2 to give supply of electricity without any further delay and also commanding the respondent no.4 therein, the Union of India through General Manager, South Eastern Railway to grant way leave permission and accord approval for installation of the electrical equipment.

(2.) The facts which was originally pleaded in the writ petition were that a decision was taken by Railway Board to commercially exploit the surplus land belonging to the railways by way of development through the intending developer purely on the basis of a license/lease basis for a limited period. The respondent no.4 floated a tender on 14th February, 2002 for development of a Puja Commercial Complex on the subject land which was considered to be a surplus vacate land at Kharagpur on the southern side of Jhargram road opposite to Andhra's High Court. The subject land comprised of 2.6 crores of land and the notice inviting tender clearly stipulates that the same would be given for development of Puja Commercial Complex for a period of 10 years extendable for another period of 10 years. It is not undisputed that the petitioner was adjudged as highest bidder and the letter of acceptance was issued to the petitioner on 18th December, 2002. Since the bank guarantees to the tune of Rs. 2.10 crores were required to be deposited which according to the petitioner has been duly complied with and, thereafter, the development work commenced, a formal agreement dated 16th April, 2004 was entered into between the petitioner and the respondent no.4 for the development of the said project which contains the various clauses including the arbitration clause. It was clearly stipulated in the said agreement that the term of the license would be 25 years extendable for another period of 25 years at the discretion of the railway administration.

(3.) It was further stipulated therein that the railway administration shall always remain the owner of the premises and the structures but developer's allotment right for its portion of space shall not be in any way encroached upon. The developer shall be entitled to realize from the prospective sub licensees such premium at such rate and amount as may be mutually decided by the developer and the sub licensee in its sole discretion and such premium shall be absolute property of the developer.