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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL
BIVAS PATTANAYAK
Jiwan Das Bajaj – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
BIVAS PATTANAYAK, J.
This writ petition has been filed by the petitioner under Article 226 of the Constitution of India challenging the action of the State-respondents in determining the lease and taking over possession of the plot being of premises No.CK 186, Sector-II, Salt Lake City, Kolkata-700064 allotted in favour of the petitioner.
The brief fact of the case is as follows. A Lease Deed was executed for residential purpose by and between the State of West Bengal and the writ petitioner on 28th March, 1984 in respect of premises No.CK 186, Sector-II, Salt Lake City, Kolkata-700064. The possession of the said premises was handed over to the petitioner on 24th May, 1985. As per the lease deed the petitioner was supposed to complete the work of construction within a period of 3 years from date of delivery of possession. By notice dated 10th September, 2007, the lease was determined, since the petitioner failed to make construction within the stipulated period. A sign board was affixed on the premises on or about November, 2016 declaring that the premises is a “Government Land”. Being aggrieved by such action of the State- respondents, the writ petitioner has filed the pre
The authority has the power to terminate a lease in case of breach, and a notice must be served before termination.
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 court emphasized the necessity of adhering to legal notification requirements in lease agreements, particularly in cases involving deceased lessees.
The court upheld the significance of adhering to lease terms and natural justice in lease renewal matters, affirming the state's actions in rejecting the renewal request based on documented breaches.
The court established that acceptance of delayed payments by the State constituted a deemed extension of time for contract performance, reinforcing the obligation to execute lease deeds.
Tenancy rights and renewal conditions defined under the Transfer of Property Act, emphasizing statutory tenancy post-expiration.
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