- (1.) A question has cropped up in this proceeding as to whether the terms and conditions of the contract can be modified unilaterally by one of such contracting parties without the consent of the other contracting party? Another question has also cropped up in this proceeding as to whether the Governor can issue any notification on a subject on which the State Legislature is incompetent to legislate? The other question which has cropped in this proceeding is as to whether the applications for change of use of the land which were filed before the notification dated 8th December, 2011 was issued, can be governed by the provisions contained in the said notification dated 8th December, 2011?
(2.) These are the three questions which this Court is required to answer in this writ proceeding. The basic facts which are relevant for the present purpose may be summarized hereunder as follows: a) A lease deed was executed between the Governor of the State of West Bengal and M/s. Resin and Allied Products on 27th March, 1989 by which a plot of land at Bidhannagore was leased out to the said Resin and Alloyed Product for a period of 999 years for setting up a Small Synthetic Resin Marketing Unit therein on the terms and conditions as mentioned in the lease deed. The term of the lease deed with which this Court is presently concerned is the restrictive clause as mentioned in Clause 9 which runs as follows: 9. Not to use or allowed to be used the land and/or the structure thereon or any part thereof for any purpose other than for setting up of Small Synthetic Resin Making Unit purpose without the prior permission in writing of the Government or other authority prescribed in that behalf.
(3.) There was another restrictive Clause mentioned in the said lease deed which provides that the lessee shall not subdivide or sublet the demised land or the building to be constructed without the consent in writing of the Government first had and obtained and the Government shall have the right and is entitled to refuse its consent at its absolute discretion.;