Calcutta High Court (Appellete Side)
Hindustan Construction Company ... vs Kolkata Metropolitan Development ... on 29 September, 2011
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
In The High Court At Calcutta
Constitutional Writ Jurisdiction
29-09-2011 Appellate Side
sb-9
W.P.No.14355(W) of 2011
.
Hindustan Construction Company Limited & Anr.
-vs-
Kolkata Metropolitan Development Authority & Ors.
Mr. Saktinath Mukherjee
Mr. Debdutta Sen
Mr. O.P. Jhunjhunwalla ...for the petitioners
Mr. Debayan Bera
Mr. Satyajit Talukdar ...for KMDA
After hearing Mr Mukherjee appearing for the
petitioners and Mr Bera appearing for KMDA and
considering the case, I am of the view that it will be appropriate to admit the petition and pass an appropriate interim order.
The petitioners are alleging that without determining the licence fee they are supposed to pay for using certain lands of the authority in connection with execution of the works in question, the authority has unilaterally decided to deduct from their running bills around Rs.7 crore. According to the petitioners, the authority was under an obligation to determine the licence fee in consultation with them and following a fair procedure or approaching an appropriate authority or forum.
Mr Mukherjee has submitted that unless the deducted amount is released, the petitioners regularly submitting running bills and working for completing the project according to terms and conditions of the contract will be in great difficulty; and that it will not be possible for them to pay the people they have engaged for the works. He has suggested that, if at all, the authority may be permitted to keep a sum of Rs.1 crore subject to the result of this petition.
Mr Bera has submitted that he needs time to file opposition justifying the decision taken by the authority, and that with respect to retention of a part of the deducted amount he will leave the matter to the discretion of the Court.
In view of the above-noted situation, I admit the petition and order that keeping a sum of Rs.1 crore the balance deducted amount shall be released by the authority at once.
It is made clear that pendency of this petition and operation of the interim order shall hot prevent the parties from settling the matter amicably. Payment and deduction shall be subject to the result of this petition.
The respondents shall file opposition within a week after the long vacation; reply, if any, shall be filed by two weeks thereafter. Liberty to mention for out of turn hearing. Certified xerox.
(Jayanta Kumar Biswas, J.)