Calcutta High Court (Appellete Side)
(Bla Projects Private Limited vs The West Bengal on 2 September, 2016
Author: Dipankar Datta
Bench: Dipankar Datta
1
UL 02.09.2016 A.S.T. 278 of 2016
pg
(BLA Projects Private Limited vs. The West Bengal
Power Development Corporation Limited & Ors.)
Mr. Kishore Dutta
Mr. Arunava Ganguly.................for the petitioner
Despite service of copy of the writ petition on
the Chairman-cum-Managing Director, the West Bengal
Power Development Corporation Limited, the second
respondent, none appears on his behalf. The notice shall
be retained with the records.
Having regard to the urgency pleaded in paragraphs 44 to 46 of the writ petition, the petitioner is permitted to move this writ petition without service of notice to the other respondents. Requirement of Rule 26 of the Writ Rules stands dispensed with.
The writ petition is directed against order dated September 01, 2016, at page 68 of the writ petition. Upon invocation of clause 8.0 of the agreement between the petitioner and the Corporation, the first respondent, the quantity of fly ash to be evacuated and transported has been reduced from 500000M3 to 300000M3. It has been pleaded in paragraph 31 of the writ petition that there was no occasion for the first respondent to invoke 2 clause 8.0, because there has never been an instance of default leading to non-compliance of the work order.
Prima facie, this Bench is satisfied that the order dated September 01, 2016 has been issued without existence of the jurisdictional fact and hence is unsustainable in law. Its operation shall remain stayed for a period of 14 days or until further orders, whichever is earlier, meaning thereby that no other party shall be entitled to reap the benefit of evacuation and transportation of fly ash as a result of such order.
Put up this writ petition on Wednesday next ACO (07.09.2016) under the heading 'New Motion'.
In the meantime, service shall be effected on all the respondents, except the second respondent, by the learned advocate for the petitioner.
(DIPANKAR DATTA,J.)