Calcutta High Court (Appellete Side)
D.D/Pg. Rashmoni Fisher Men'S ... vs Damodar Valley Corporation & Ors on 13 October, 2011
Author: Soumen Sen
Bench: Soumen Sen
1
19 AST No. 1008 of 2011
13.10.2011
d.d/pg. Rashmoni Fisher Men's Co-operative Society Limited
Vs.
Damodar Valley Corporation & Ors.
Mr. Sakya Sen,
Mr. P.K. Pandey
... For the petitioner
Mr. Satadeep Bhattacharyya
... For the respondents
The writ petitioner claims extension of existing lease period which was granted to them on 1st September, 2006 by DVC. It appears that under clause 12 of the said agreement, DVC reserves the right of renewal of a lease for a further period of five years, subject to the terms and conditions as may be settled by the Corporation. No such terms and conditions have been made available to the petitioner for the purpose of renewal, although the petitioner had evinced an intention to have the said lease renewed. Moreover, it appears that there has already been a recommendation in favour of the petitioner which would help the petitioner to get such lease period extended. In view of the aforesaid fact and having regard to the fact that representation has already been filed on 14th 2 July, 2011 prior to the expiry of lease period and subsequently on 30th August, 2011 in which prayer was made for extension, the DVC is directed to consider such prayer for extension of the period of lease after taking into consideration the recommendation and other documents that are on record or which the petitioner intends to produce at the time of consideration of the said application.
The DVC is directed to consider and disposed of the matter within period of three weeks from the date of communication of this order after giving a reasonable opportunity of hearing to the petitioner. Till such time it is expected that the DVC should not disturb the possession of the petitioner and during this extended period the petitioner would be required to pay the amount as may be fixed by the DVC for such extended period of occupation.
With these observations, the writ petition is disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties subject to compliance of all requisite formalities.
3(Soumen Sen, J.)