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ARIJIT BANERJEE, KAUSIK CHANDA
Western Engineering Works. – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
arijit Banerjee, J. - The writ petitioner/appellant had approached the learned Single Judge essentially challenging a notice dated 6/18 april, 2018 ( in short the 'Impugned Notice'), issued by the Joint Secretary to the Government of West Bengal, the material portion whereof reads as follows:-
'Now, therefore, after careful consideration of this matter and in terms of the Clause 4 of the Lease Deed, the Governor of the State of West Bengal is pleased to determine the lease of Plot No. CN-3, Sector - V, Salt Lake, Kolkata for violation of Clause 2(6) of the lease deed and re-enter into possession of the demised land.'
2. The other prayer in the writ petition was for a mandamus commanding the respondent authorities to allow the writ petitioner's prayer made vide letter dated December 15, 2015, for change of purpose of use of the concerned land, from construction of a Motor Training School to a Hotel with Banquet and Restaurant facility upon accepting fees in terms of the Government Notification No. 4004-UD/M/SL(aL/NR)/8L-08/04 dated 8th December, 2011. The learned Single Judge dismissed the writ petition. Hence this appeal by the writ petitioner.
3. Before the learned Single Jud
The court clarified the concept of waiver of forfeiture under Section 112 of TPA and directed the government to decide on the change of user application before enforcing the lease determination notic....
The authority has the power to terminate a lease in case of breach, and a notice must be served before termination.
A valid notice to quit under Section 106 of the Transfer of Property Act is mandatory to terminate a tenancy, regardless of original lease terms dispensing with such notice.
(1) When lessee is given benefit of such property and breach of condition imposed is alleged, strict construction of forfeiture clause against lessor in all circumstances would not arise as otherwise....
The right to evict a lessee for lease violations stands when proper notice is given, consistent with the Transfer of Property Act.
Tenancy rights and renewal conditions defined under the Transfer of Property Act, emphasizing statutory tenancy post-expiration.
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