IMPORTANT POINT
Tenants under the West Bengal Government Premises (Tenancy Regulation) Act, 1976 are entitled to renewal of lease upon payment of arrears, and eviction requires proper notice.

JUDGMENT :

BIVAS PATTANAYAK, J.

1. The fact in brief involved in the present writ petitions is enumerated as herein-below:

(i) The petitioner no. 1 is a proprietorship firm under the name and style of ‘M/s Twinstar Industries’ represented by proprietor being petitioner no. 2. Upon application of the petitioners the respondent authorities allotted plot K-10 and K-10/2, Behala Industrial Estate, at 620, Diamond Harbour Road, Kolkata-700034 admeasuring about 2070 Sq. ft. and 689 Sq. ft. in favour of the petitioner no. 1-firm vide its memo no. SB561/5 dated 15th May, 1989 under a deed of lease executed between the petitioner no. 1-firm and respondent no. 1-West Bengal Small Industries Development Corporation Limited (hereinafter referred to as the ‘WBSIDCL’) on 8th June, 1989 for a period of nine years in lieu of certain consideration and the possession of the said property was handed over to the petitioner no. 1-firm on 8th September, 1989. Consequent thereof, the petitioner no. 1-firm took steps for development of the said property including level of raising land, construction of shed and replacement of electric lines.

(ii) By letter dated 24th February, 1997, the respondent authorities informed the petitioners that would take over the possession of the demised property with effect from 12th March, 1997. On 6th March, 1997 the petitioner no. 1-firm made a representation against the aforesaid letter. Since no action were taken in respect of the such representation, the petitioner no. 1-firm filed a civil suit being Title Suit No. 88 of 1997 before the learned Civil Judge (Junior Division), 1st Court, at Alipore against respondent no. 1-WBSIDCL praying for declaration that West Bengal Government Premises (Tenancy) Regulation Act, 1976 (hereinafter referred to as the ‘Act of 1976’) is not applicable to priority sector scheme of the Government of West Bengal and a decree of permanent injunction restraining respondent no. 3 herein from taking any action and/ or disturb the smooth working and functioning of the factory of petitioner no. 1.

(iii) The term of the lease was extended from time to time and the petitioners continued to be in possession of the allotted plots since 8th September 1989. Due to failure to deposit necessary rent before the respondent authorities, a show cause notice being No. 2348/1 dated 5th November, 2012 was served upon the petitioner. Pursuant thereto a hearing was conducted by the respondent authorities on 9th January, 2013 and an order was passed thereby directing the petitioners to pay all statutory dues in five equal instalments vide order no. SB-3172(3) dated 28th January, 2013.

(iv) Due to financial hardship the petitioners could not make payment in terms of the aforesaid order, as a consequence thereof the petitioners were served with a notice under Memo no. SB-400/3 dated 3rd May, 2013 whereby they were called upon to quit and deliver vacant possession of the said property within the period of 30 days.

(v) Challenging such notice for eviction issued under Section 3(1) of the Act of 1976, the petitioners preferred an appeal before respondent no. 2 on 17th May, 2013. Upon conclusion of hearing of appeal, the petitioners prayed for instalment mechanism and thereafter respondent no. 2 vide its letter dated 8th August, 2013 directed the petitioners to make payment of Rs. 4,00,000/- within 18th August, 2013 and remaining amount of Rs. 2,26,140/- by 16th September, 2013.

(vi) On 16th August, 2013 the petitioners replied to the letter dated 8th August, 2013 wherein it stated that in appeal a settlement was reached to the extent that the petitioners are required to pay a sum of Rs.4,00,000/- out of the outstanding dues of Rs. 6,26,140/- and remaining amount of Rs. 2,26,140/- was waived. Since no response was received from the respondent no. 1-WBSIDCL, the petitioners again renewed their prayer for payment of Rs. 4,00,000/- only and for waiver off the interest portion. The respondent authorities fixed the matter for he