Back
High Court Of Calcutta
Altamas Kabir, Jyotirmay Bhattacharya
RAMA KRISHNA SEVA KENDRA - Appellant
Versus
STATE OF WEST BENGAL - Respondent
W. P. L. R. T. 145 Of 2003
Decided On : 02/09/2004
LEASE - TERMINATION - PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 - GOVERNMENT GRANTS ACT, 1895 - TRANSFER OF PROPERTY ACT, 1882 - WEST BENGAL LAND REFORMS AND TENANCY TRIBUNAL ACT, 1997 - LEASE TERMINATION BY STATE GOVERNMENT - UNAUTHORIZED OCCUPANCY - EVICTION - IMPLIED SURRENDER - GOVERNMENT GRANTS ACT EXCLUDING TRANSFER OF PROPERTY ACT - LEASEHOLD LANDS SUBJECT TO LEASE DEEDS - DOCTRINE OF IMPLIED SURRENDER - ABANDONMENT OF LEASED PROJECTS - RESTORATION OF POSSESSION TO LESSEE.
Fact of the Case:
The petitioner Society, operating in Tripura, set up a Bull Mother Farm and a Krishi Vigyan Kendra in Jalpaiguri on lands leased by the West Bengal Government. Due to labor troubles and obstruction by disgruntled employees, the Society faced difficulties in running the projects and eventually abandoned them in May 1991. The State Government, citing the Society's abandonment, terminated the leases and handed over the projects to the Animal Resources Development Department. The Society challenged the termination, arguing that it was arbitrary and illegal, and that the State should have taken possession through due process of law.
Finding of the Court:
The Court held that the State Government's action in forcibly dispossessing the Society from the leasehold lands was unjustified and unlawful. While the State had the right to terminate the leases for breach of covenants, it could not take possession without due process of law. The Court also rejected the State's argument that the provisions of the Transfer of Property Act were excluded by the Government Grants Act, 1895, as the leasehold lands were not the subject of a government grant but were leased through properly executed deeds.
Issues: 1. Whether the State Government's termination of the leases and taking possession of the leasehold lands was justified. 2. Whether the provisions of the Transfer of Property Act were excluded by the Government Grants Act, 1895, in this case.
Ratio Decidendi: 1. The State Government's action was not justified as it forcibly dispossessed the Society without due process of law. The State had the right to terminate the leases for breach of covenants, but it could not take possession without following the proper legal procedures. 2. The provisions of the Transfer of Property Act were not excluded by the Government Grants Act, 1895, as the leasehold lands were not the subject of a government grant but were leased through properly executed deeds.
Final Decision: The Court quashed the order of the Collector terminating the leases and the order of the Tribunal upholding that decision. The respondents were directed to restore possession of the leased lands and assets to the Society as they were on the date of takeover by the State Government.
( 1 ) THE petitioner No. 1 is a Society registered under the West Bengal Societies Registration Act, 1961, and the petitioner No. 2, a Chartered Accountant, is the Joint Secretary thereof. At the request of the State Government the Society which was operating in Tripura set up a Bull Mother Farm-cum-Rural Training and Demonstration Centre at Ramshai in Jalpaiguri for imparting rural training and cross-breeding on lands allotted by the Government of West Bengal, comprising an area measuring 96. 61 acres under plot Nos. 1410 to 1425, 1677/78 and 1236, J. L. No. 83 (9) under new mouza Ramshai, Thana Maynaguri in the District of Jalpaiguri. Such allotment was subsequently formalised by execution of a registered Indenture of Lease dated 18th March, 1983, whereby the West Bengal Government granted to the Society a lease of the said lands for 30 years commencing from 26th May, 1981, on payment of the stipulated premium and annual rent.
( 2 ) APART from the above, the Society decided to establish another unit of the Dibyadaya Krishi Vigyan Kendra in Jalpaiguri with the support of various Government institutions such as, the Indian Council of Agricultural Research. Along with some of the office bearers of the Society, the Director of Animal Husbandry and the Joint Director of Agriculture, Government of West Bengal, along with the zonal co-ordinator of the Indian Council of Agricultural Research, the Zilla Savadhipati and other members of the Block Panchayat, representatives of the farmers, are all members of the Managing Committee of the said Krishi Vigyan Kendra. The said Kendra was established mainly for training of farmers with modern technology in the field of Agriculture, Animal Husbandry and allied services and in that regard various modernised trading courses were also organised in the Krishi Vigyan Kendra. For the purpose of running the Kendra the State Government allotted a further quantum of land measuring 54. 09 acres in Mouza Panibari, under Moynaguri Police Station, in the District of Jalpaiguri, on the and from 11th November, 1983. Such allotment was thereafter regularised by an Indenture of Lease dated 28th March, 1985 for a period of 30 years commencing 11th November, 1983. The said lease also contains covenants and terms and conditions similar to those contained in the earlier lease dated 18th March, 1983.
( 3 ) IT is the case of the petitioner that the said Krishi Vigyan Kendra implemented various projects of the State and Central Governments through its various agencies which included the Indo-Dutch North Bengal Tarai Project with the financial assistance of the Royal Government of Netherlands for the purpose of water management. In order to run the Kendra the Society took the service of various people whose salaries were in the scale as was given to the employees of the Indian Council of Agricultural Research and the National Dairy Development Board.
( 4 ) IT is the petitioner's case that in or about month of March, 1991, the petitioner Society facing labour trouble in both its units at Ramshai. According to the petitioners, certain political elements began to obstruct the smooth operation of the projects and due to serious misbehaviour and misconduct, the Society was compelled to terminate the service of two of its employees, namely, Shri Sujit Roy Chowdhury and Shri K. C. Roy Chowdhury. According to the petitioners, the said employees with the help of some of the staff forcibly took away important documents relating to accounts and other papers of the Society and began to spread rumours against the management of the Seva Kendra to make it impossible for them to resume normal work in the campus. According to the petitioner, these interested persons made it impossible for the Training Organiser to remain in the campus and he was compelled to leave the campus.
( 5 ) IT is also the case of the petitioners that from 1991, no one from the Society could remain in the campus to look after the project act
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
