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ANIRUDDHA ROY
Rupali Chattopadhyay (Prt. Anutosh Chattopadhyay since deceased) – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Facts:
1. The present writ petitioners are the legal heirs and successors in interest of the original writ petitioner, namely, Anutosh Chattopadhyay, since deceased (for short, the original writ petitioner). Pursuant to an order dated February 17, 2022 the present petitioners were substituted in place and stead of the original writ petitioner.
2. For the purpose of establishing a Small Scale Industrial unit (for short, SSI Unit), the original petitioner in or about 1982 applied before the respondent authority for obtaining a lease hold land. By a letter dated April 05, 1982 the authority concern in receipt of a letter dated March 09, 1982 informed the original petitioner that it had started allotting land for Small Scale Industries measuring about two and half cottahs to about fifteen cottahs and asked the original petitioner to submit the proof and documents of his registration with the SSI Department, his Project Report and Proof of his Financial Capability. He was also informed that upon submissions of all the above documents his application would be considered on the basis of an interview to be held by the authority and in such interview the original petitioner could au
Violation of terms of allotment and intended change of purpose without obtaining prior approval led to the court's decision to affirm the cancellation of the allotment and dismissal of the writ petit....
A contracting party is bound to fulfill the conditions set forth in a lease agreement; failure to do so legitimizes cancellation of the contract by authorities, despite claims of external difficultie....
The government may resume industrial land for non-utilization by the allottee, with decisions supported by assignment rules and public interest considerations.
The court ruled that no vested right to specific plot allotment existed, validating alternative plot provisions under the law.
Future acquisitions are not prohibited, and eligibility is to be seen at the relevant date. Allegations of transfer of leasehold rights require supporting evidence.
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