Calcutta High Court (Appellete Side)
Kc vs Kolkata Port Trust & Ors on 18 January, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1 39 W.P. No. 6334(W) of 2016 18.01.2019
Prodcontrol (India) Pvt. Ltd. & Anr.
KC Vs.
Kolkata Port Trust & Ors.
Mr. Anirban Roy
Mr. P. C. Palchowdhury
Mr. Anupam Dasadhikari
Mr. Krishnendu Palchowdhury.
... for the petitioners.
Mr. Saptangshu Basu
Mr. Mohanlal Banerjee.
... for the KoPT.
The petitioner seeks a direction upon Kolkata Port Trust (KoPT) to make over possession of an immovable property to the petitioner.
It appears from the records made available to Court that, the petitioner came into possession of an immoveable property belonging to KoPT through an agency, which is not of KoPT. The petitioner seeks regularisation of such possession.
In the facts of the present case, since the petitioner did not enter into possession of the immovable property concerned in a selection process undertaken by the KoPT Authorities for the grant of any legal right over such property, it would not be prudent for the Court to grant the reliefs as prayed for in the writ petition.
Pending the writ petition, diverse orders were passed. The petitioners put in a sum of Rs.15 lakhs with the Registrar General to the credit of the instant proceedings. The petitioners are paying the 2 occupation charges as determined by the Court and is depositing the same with the Registrar General month by month.
When the petitioner came into possession of the property, they bought with themselves certain equipments and other materials. KoPT Authorities are claiming lien over such properties belonging to the petitioners, as the petitioners are liable to pay occupation charges as rates far higher than what the petitioners are depositing with the Registrar General.
Learned advocate for the petitioners relies upon 2009(4) CHN 146 (APL (India) Pvt. Ltd. & Ors. Vs. Board of Trustees for the Port of Kolkata) and submits that, KoPT Authorities does not have any right of lien over goods belonging to third parties. In the present case, since, KoPT Authorities are denying existence of any jural relationship between KoPT and the petitioners, the petitioners are to be treated as a third parties and, therefore, KoPT Authorities cannot exercise any right of lien, in view of APL (India) Pvt. Ltd. & Ors. (supra).
The Court is informed that, there is a Special Leave Petition pending against APL (India) Pvt. Ltd. (supra).
APL (India) Pvt. Ltd. (supra) is binding upon this Court at present. Therefore, following the ratio laid down in APL (India) Pvt. Ltd. (supra), I am of the view that the petitioners are entitled to remove their materials from the locale. The petitioners have submitted an affidavit 3 stating that they will vacate the premises. Learned advocate for the petitioners, on instructions from the petitioners submits that, the petitioners will vacate the premises by January 31, 2019.
In such circumstances, it would be appropriate to permit the petitioners to vacate the premises by January 31, 2019. KoPT Authorities will not prevent the petitioners from vacating the premises within the time period as specified herein. It will not prevent the petitioners from removing materials belonging to them.
Learned senior advocate for KoPT Authorities submits that, a representative of KoPT Authorities may be permitted to be present in order to ensure that the materials, which the petitioners remove do not include anything belonging to KoPT.
Such request being reasonable is allowed. Learned advocate on record for the petitioners will inform the learned advocate on record for KoPT Authorities as to the date and time when the petitioners will remove their materials from the locale. It will be open to KoPT Authorities to depute any personnel to be present for the purpose of identifying whether any materials belonging to KoPT Authorities are being removed by the petitioner or not.
KoPT Authorities will be at liberty to receive the occupation charges deposited by the petitioner month by month at the rate of Rs.50,000/- with the Registrar General along with all interest thereon from the Registrar General. The petitioners are at liberty to obtain 4 refund of the sum of Rs.15 lakhs deposited by the petitioners with the Registrar General along with all accrued interest thereon.
List the writ petition under the same heading on February 12, 2019, by which time it is expected that, the directions contained in this order stand complied with.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)