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High Court Of Calcutta
PARITOSH KUMAR MUKHERJEE
HILLA TEA ESTATES AND INDUSTRIES LTD - Appellant
Versus
STATE OF WEST BENGAL - Respondent
C. R. 5670 Of 1977
Decided On : 07/10/1992
WEST BENGAL ESTATES ACQUISITION ACT, 1953 - SECTION 6(1)(F), 6(3), 10(2) - WEST BENGAL ESTATES ACQUISITION RULES, 1954 - RULE 4, SCHEDULE F - LEASE IN FORM I - RIGHT OF RETENTION OF LAND COMPRISED IN TEA GARDEN - STATUS OF INTERMEDIARY - TENANT - TAKING POSSESSION BY STATE GOVERNMENT - PROCEDURE - INTERIM ORDER OF STATUS QUO - VIOLATION - RESTORATION OF POSSESSION.
Fact of the Case:
The petitioner, Hilla Tea Estates and Industries Limited, filed a writ petition challenging the impugned letters issued by the Deputy Commissioner, Jalpaiguri, and the subsequent taking of possession of the Hilla Tea Estate by the State Government. The petitioner claimed to be an intermediary entitled to retain the land under Section 6(3) of the West Bengal Estates Acquisition Act, 1953, and sought a declaration that the State Government was not authorized to take possession of the land or extinguish the petitioner's right as a lessee.
Finding of the Court:
The court held that the petitioner was an intermediary entitled to retain the land comprised in the tea garden under Section 6(3) of the West Bengal Estates Acquisition Act, 1953, and that the status of the petitioner during the intervening period before the execution of a lease in Form I was that of a 'tenant'. The court further held that the State Government could not take possession of the land without serving a notice under Section 10(2) of the Act, and that the taking of possession by the State Government in violation of the order of status quo was illegal.
Issues: 1. Whether the petitioner was an intermediary entitled to retain the lands in terms of provisions of Section 6(3) of the West Bengal Estates Acquisition Act, 1953, after the lapse of the formal lease? 2. Whether in view of the letter dated 27/04/1976, written on behalf of the Deputy Commissioner, Jalpaiguri to Sri K. K. Khemka, regarding payment of arrear dues to the tune of Rs. 2,01,502.32, to be paid by the company or the Mortgagee Bank or Official Liquidator to the Collector and the reply of the Solicitor of the petitioner company dated 3/05/1976, it is incumbent upon the respondents Nos. 1 and 2 to renew the lease and not to treat the possession to be taken over after the expiry of the lease? 3. Whether during the subsistance of the interim order of Status Quo dated 19/11/1979, granted by B. C. Basak, J. and subsequent dismissal of the writ petition on 23/12/1987 by Mahitosh Majumdar, J. , granting of lease for 30 years on 14/12/1989, can be interfered with by this Court, as the initial order of vesting was not proper?
Ratio Decidendi: 1. The petitioner was an intermediary entitled to retain the land comprised in the tea garden under Section 6(3) of the West Bengal Estates Acquisition Act, 1953, and the status of the petitioner during the intervening period before the execution of a lease in Form I was that of a 'tenant'. 2. The State Government could not take possession of the land without serving a notice under Section 10(2) of the Act, and the taking of possession by the State Government in violation of the order of status quo was illegal.
Final Decision: The writ petition was allowed. The State respondents were directed to cancel the lease granted in favor of the added respondent No. 3, and to restore possession of the tea garden in question to the petitioner No. 1 company. The State respondents were also directed to issue challans in favor of the petitioner No. 1 company for deposit of arrear rents, and to execute lease in Form I within 15 days of such deposit.
( 1 ) THIS writ petition was moved on behalf of The Hilla Tea Estates and Industries Limited and another, inter alia, praying for a declaration that the Hilla Tea Estates and Industries Limited, the petitioner No. 1 is entitled to retain the land comprised in the Hilla Tea Estate, as a lessee, under the State of West Bengal, under a lease which cannot be cancelled or forfeited in law and the State Government is not authorised to take possession of the same or to extinguish the right of the petitioner No. 1, as a lessee and/or intermediary therein, by reason of the provisions of Sections 6 and 10 (5) of the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the said Act of 1953), read with Rule 4 of West Bengal Estate Acquisition Rules, 1954 and also praying for issue of a writ in the nature of Mandamus commanding the respondents Nos. 1 and 2 to issue treasury challans and to accept payment of rent by the petitioner No. 1 and its agents and to execute the lease in Form "i" appended to Schedule "f" of the said West Bengal Estates Acquisition Rules, on behalf of the Governor of West Bengal and also for issue of an appropriate writ of prohibition forbidding the State of West Bengal, being first respondent and the Collector and Deputy Commissioner, Jalpaiguri, being second respondent, and each of them to proceed further in the matter of taking possession of the said Hilla Tea Estate and from proceeding to act under Section 10 (2) of the said Act as pleaded in paragraph 21, whereupon, Rule was issued by Amiya Kumar Mookerjee, J. (as His Lordship then was), on 11/10/1977 an interim order was granted till 7/12/1977 with liberty to the petitioner to apply for extension of the same, in the presence of the respondents. The prayer (g) of the writ petition is set out below :-"injunction restraining the first and second respondents and each of them, their servants and agents from giving effect to or acting in terms of or taking any steps or any further steps pursuant to the impugned Memos bearing Nos. 189 (2)/t dated 27/04/1976, No. 234/t dated 26/05/1976 and No. 289/t dated 29/09/1977, as pleaded in paragraph 31 hereof. "
( 2 ) THEREAFTER, in 1979, the writ petition appeared in the Court of B. C. Basak, J. (as His Lordship then was), when no one appeared even after the third call and the writ petition was dismissed and the Rule was discharged and the ad-interim order was vacated.
( 3 ) ON 19/11/1979, the application for restoration of the writ petition was adjourned for one month and B. C. Basak, J. directed the parties to maintain "status Quo", as on the said date.
( 4 ) THEREAFTER, an 19/12/1979 the formal order of restoration was passed and the Rule was restored to file.
( 5 ) ON 2/02/1987, an application for addition of party having been filed before S. Ahmed, J. of this Court, West Bengal Tea Development Corporation was added as party Respondent No. 3.
( 6 ) ULTIMATELY, the writ petition came up for hearing before me on 21/02/1992 in the presence of the learned Advocates for the parties and it was heard-in-part from time to time.
( 7 ) BY the impugned letter No. 189 (2)/t dated 27/04/1976 (Annexure 'a' to the writ petition) the Additional Deputy Commissioner Jalpaiguri, communicated Sri K. K. Khemka, Mills Tea Estate and Industries Ltd. as follows :- "further to our letter No. 170-T dated. 19-4-76, I am to bring it to your notice that no lease has been taken under the provisions of the West Bengal Estates Acquisition Act and at present a sum of Rs. 2,01,502. 32 has to be paid either by the company or by the Mortgagee Bank or the Official Liquidator to the Collector, if any right to the lands of the tea estate is to be claimed viz :- we have written to the liquidator, who has given no reply. I am now writing this letter to you to enquire if the Bank is willing to take the lease on payment of the amount mentioned above, on account of rent and cess. RENT cess edn. Cess total
( 8 ) BY a
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