1984 Supreme(Cal) 359

High Court of Calcutta
B.C. Roy, J.
Sudhindra Nath Mondal – Appellant
Versus
State of West Bengal – Respondent
Decided On : Nov 09, 1984

The State Government is under an obligation to take steps to stop the breach of the scheme and the terms and conditions of the lease as it is the duty of the Government to see that the residential area is not spoiled by unauthorised uses of the building constructed therein.

Headnote:

SALT LAKE CITY - LEASE OF LAND - USE OF LAND FOR RESIDENTIAL PURPOSES - BREACH OF TERMS AND CONDITIONS OF LEASE - DIRECTIONS TO THE STATE GOVERNMENT TO TAKE APPROPRIATE STEPS TO STOP THE BREACH.

Fact of the Case:

The petitioners are lessees of residential plots in Salt Lake City, Sector 1, District 24 Parganas. The respondent no. 7 also took lease of a plot situated in between the lands of the petitioner no. 1 and petitioners nos. 2 and 3 from the State of West Bengal for a period of 999 years and constructed a two storied house on the said plot of land. The Salt Lake City was a planned city developed at the instance of the state of West Bengal and a master plan of Sector 1 of the Salt Lake City was prepared by the then Special Engineer, Deb Kumar Chatterjee in 1967 wherein the residential area, the commercial area, parks etc, were shown and all the plots in E. C. Sector were shown as residential plots in the said Master plan. The petitioners as well as the respondent no. 7 applied for taking lease of plots of land in Sector I of the Salt Lake City to the respondent no. 1. The respondent no. 1 intimated the petitioner No. 1 that a plot of land measuring 5 kathas more or less at the salt Lake City which was being developed might be demised to him on lease for 999 years on certain terms mentioned therein. Clause (g) of the said terms provide that the plot of land will be used exclusively for residential purposes; and for no other purpose. The said offer of the petitioner no. 1 was duly accepted by the Deputy Secretary, Irrigation and waterways, Department, Salt Lakes. Thereafter on May 29, 1967 the Deputy Secretary, Government, of West Bengal sent a letter No. 1899 ISL (AL)to the petitioner no. 1 intimating him that Government decided to allow him to choose a plot for allotment out of plots of land available in Sector I of the township and he was asked to meet the executive Engineer, Planning at 9, Brabourne road to make his choice of a plot of land. Petitioners chose two plots mentioned before in E. C. Block of Sector I which is a residential area. Two Deeds of lease were executed by the petitioner no. 1, 2 and 3 respectively and the respondent, the Governor, State of West Bengal taking lease of the said two plots of land for 999 years on terms and conditions mentioned therein. The relevant terms of the deed of lease are set out hereunder. Term No. 2 (7) - The lessee shall not sell-divide or sub-let the demised land or the building to be constructed without the consent in writing of the Government first had and obtained and the government shall have the right and be entitled to refuse its consent at its absolute discretion. Term No. 2 (10)-'not to use or allow to be used the land and/or the structure thereon or any part thereof for any purpose other than residential purpose without the prior permission in writing of the Government or other authority prescribed in that behalf. The respondent no. 7 after constructing a two storied building on plot no. E. C. 30 let out the said premises to respondents nos. 8 and 9 for the purpose of processing leather and leather goods. For this purpose machineries have been installed and several workers have been employed thereby converting the residential premises into a factory illegally and in contravention of the terms of the deed of lease. Thus the respondents nos. 7 to 9 are trying to disturb, diminish and destory the advantages, amenities and change the environmental ecology by converting a residential house into a commercial one. A duty is cast upon the respondents nos. 1 to 6 on the principle of promissory estoppel to proceed against the respondents nos. 7, 8, and 9 under the forfeiture clause provided for in the agreement as it is on the basis of the promise made by the respondents nos. 1 to 6 that the petitioners have invested considerable sum of money for construction of their houses with the hope of enjoying the benefits and advantages of quiet living in their houses in residential area as promised by the state Government and as shown in the master Plan and mentioned in the registered lease deed and agreements made between the lessor and the lessees.

Finding of the Court:

1. The master plan of Salt Lake City was published on 25th January 1967 and the same was prepared by the then Chief Engineer, D. P. Chatterjee. In the said master plan E. C. Block of Sector- I was shown as residential area. 2. The lease deed entered into between the respondent no. 7 and the Government of West Bengal was on the basis of his application accepting offer of allotment of land. There has been no violation of the terms contained in paragraph 10d of the application accepting offer of allotment of land as well as the terms and conditions contained in the lease deed entered into by the respondent no. 7 with the Government. 3. The respondent no. 7 has sub-let the premised at plot no. 30 E. C. Block to respondents nos. 8 and 9 for manufacturing leather goods by installing machines and generator and making leather goods using chemicals process in utter violations of the provisions of the terms and conditions of the indenture of lease as well as of the acceptance of the letter of allotment of the land and of the scheme as envisaged in the master plan prepared by the Special Engineer Irrigation and Wafer Ways, Government of West Bengal.

Issues: 1. Whether the petitioners are entitled to enforce the terms and conditions of the lease and the master plan? 2. Whether the respondent no. 7 has violated the terms and conditions of the lease and the master plan? 3. Whether the State Government is under an obligation to take steps to stop the breach of the scheme and the terms and conditions of the lease?

Ratio Decidendi: 1. The petitioners are entitled to enforce the terms and conditions of the lease and the master plan as they have taken settlement of their respective plots of land in the said township and constructed their residential houses being enamoured of the scheme made by the Government. 2. The respondent no. 7 has violated the terms and conditions of the lease and the master plan by sub-letting the ground floor of the building to the respondents nos. 8 and 9 for running a small scale industry. 3. The State Government is under an obligation to take steps to stop the breach of the scheme and the terms and conditions of the lease as it is the duty of the Government to see that the residential area is not spoiled by unauthorised uses of the building constructed therein.

Final Decision: Rule made absolute. There will be no order as to costs. Let a writ of mandamus issue commanding the respondents nos. 1 to 6 to take appropriate steps immediately stopping the running of the industry and the use of the ground floor of the premises for purposes of industry by the respondent nos. 8 to 9 by removing the leather machinery and the chemicals from the premises no. E. C. 30. Let a writ in the nature of mandamous or direction issue to the respondent no. 7 directing him to forbear from sub lefting the said residential premises for any purposes in contravention of the directions made under section 4 (A) of the West Bengal Government Townships (Extension of Civic Amenities) Act 1975. There will however be no order as to costs.