- (1.) These two appeals were heard analogously as these are directed against the selfsame order dated 27th September, 2006 passed by a learned Single Judge of this Court by which His Lordship allowed a writ-application by directing the appellants before us to perform their part of the approved terms of agreement entered into amongst the parties during the pendency of the writ-application within a period of two months from the date of passing of the order with further stipulation that in default, the Kolkata Municipal Corporation ( KMC ) should restore possession to the writ-petitioners of the leasehold land by removing the construction and/or the structure constructed thereon and thereafter, not to disturb the possession of the writ-petitioners in respect of leasehold property comprising of 18.11 acres of land at the said premises without due process of law.
(2.) It was further ordered that in the event the KMC or any other person claiming any interest through it, including the West Bengal Trade Promotion Organization ( WBTPO ), failed to remove the construction and/or structure from the said land within the time indicated above, the construction and/or structure standing on the land would devolve upon the writ-petitioner No.1 who would enjoy the same together with the right either to dismantle the same or to renovate the same by addition or alteration during the continuation of the lease without bearing any additional liability to pay compensation or damages and/or any additional rent therefor.
(3.) His Lordship made it clear that the above part of the said order was passed after keeping in mind the fact that WBTPO raised such construction on the said plot of land at its own risk with full knowledge of the interim order passed by the learned Single Judge on 27th September, 2006.;