JUDGMENT :

Bibek Chaudhuri, J.

1. A long-standing dispute is going on between the petitioners and the respondents specially respondent no. 2, Siliguri and Jalpaiguri Development Authority.

2. The petitioner no. 1 is a private limited company incorporated under the Companies Act, 1956. Proforma respondent no. 4 is practically the predecessor Company of the petitioner no. 1. On the basis of a notice floated by SJDA on 16th June, 2005 for granting lease for 21 years of a piece of land measuring about 14 acres for construction of an amusement park in Siliguri, the petitioner no. 1 became the successful bidder. However, lease deed was executed and registered in respect of 9.2 acres of land on 26th September, 2006 for initial 10 years with a clause that it will be automatically renewed for another 11 years. Schedule ‘B’ of the said lease deed being the payment schedule refers to 84 installments meaning thereby the said lease was contemplated to be executed even initially for 21 years. On the same day, another agreement was executed for providing 2.5 acres of land in favour of petitioner no. 1 by the respondent no. 2.

3. Since the respondent no. 2 could not deliver possession of remaining 4.8