IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE JUSTICE BIVAS PATTANAYAK W.P.A. 10640 of 2012 M/s. Maharshi Commerce Limited versus The State of West Bengal & Ors.

For the Petitioner : Mr. Avinash Kankani, Advocate Mr. Arun Kumar Sharma, Advocate Mr. Suman Majumder, Advocate Mr. Tanvi Luhariwala, Advocate For the State-Respondents : Mr. Pantu Deb Roy, Ld. AGP Mr. Asish Dutta, Advocate Heard on : 07.03.2024, 13.03.2024, 10.04.2024, 07.11.2024 Judgment on : 21.05.2025 Bivas Pattanayak, J. :-

1. This writ petitions has been filed by the petitioner under Article 226 of the Constitution of India seeking direction upon respondents authorities to rescind/cancel/withdraw the order dated 24th June, 2011 passed by respondent no.4, First Land Acquisition Collector, Kolkata in Misc No.2/2011 (Sl.4) to hand over possession of 4449 square feet area in the first floor of premises no.18, Rabindra Sarani, Kolkata-700001, release of rent compensation together with interest and other reliefs.

2. The fact of the petitioner’s case is as follows:-

(i) By a deed of lease executed on 23rd February, 1984 the respondent no.5, Urban Development Department, Town and Country Planning Branch, Government of West Bengal was inducted as a lessee in respect of an area measuring about 37,062 square feet at the first and second floor of premises no. 18, Rabindra Sarani, Kolkata- 700 001 (hereinafter referred to as the ‘demised premises’) for a period of 16 years commencing from 1st April, 1980 at a lease rent of Rs. 3.50 per square feet per month totalling to Rs.1,29,717/- for initial period of 8 years.

(ii) With the passage of time, Poddar Udyog Limited became the owner of the premises no. 18 Rabindra Sarani, Kolkata-700 001 including the demised premises.

(iii) Since there was breach of terms of the lease agreement by the respondent no.5, the said Poddar Udyog Limited filed a suit for eviction against the State of West Bengal being Suit No. 1 of 1994 before the Hon’ble High Court, Calcutta. A settlement was reached between the parties therein and the rent was enhanced to Rs.10 per square feet per month excluding municipal taxes and charges for the balance period.

(iv) As the lease period in respect of the demised premises was due to expire on 31st March, 1996, said Poddar Udyog Limited on the 4th January, 1996 issued a letter to the State of West Bengal requesting it to deliver peaceful and vacant possession of the demised premises on 1st April, 1996. However, the State of West Bengal vide its letter dated 27th February, 1996 refused to accede to the request of the Poddar Udyog Limited stating that the said premises was used for accommodation of office by the department of the government.

(v) On 14th March, 1996 State of West Bengal requisitioned the demised premises by an order bearing No. 225 under section 3(1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 for providing office accommodation to Urban Development Department, Town and Country Planning Branch and directed to place the said premises at the disposal of Land Acquisition Collector.

(vi) The said order of the requisition was set aside by the Hon’ble High Court at Calcutta in the writ petition being no. 805 of 1996 by an order dated 24th December, 2001 and directed the State of West Bengal to quit and vacate the said premises within a period of two months and a Special officer was appointed to take symbolic possession, failing which the Special officer was directed to take lawful steps with the police for taking physical possession of the demised premises.

(vii) In the meantime, an application was filed for sanction of scheme of arrangement between Poddar Udyog Limited, Poddar Projects Limited, Hope Cardamom Estates Limited and the petitioner herein namely Maharshi Commerce Limited under section 391 (2), 392 and 394 of the Companies Act, 1956 (hereinafter referred to as the ‘Act of 1956’) and the said scheme was sanctioned