- (1.) This mandamus appeal is directed against an interim order of injunction passed by the Learned Trial Judge on 29th January, 2014 in Writ Petition being W.P. No. 36 of 2014, at the instance of the appellant/respondent No.1 in the writ petition. At the time when hearing of this appeal commenced, we were invited by the Learned Advocates of both the parties to dispose of the writ petition on merit. Under such circumstances, the writ petition was heard on merit.
(2.) Let us now consider the merit of the writ petition as well as this appeal in the facts of the instance case. The West Bengal Small Industries Development Corporation Ltd. (hereinafter referred to as the "said company"), executed two lease deeds in favour of the writ petitioner for letting out three industrial plots of land being plot Nos. 7, 8 & 15 for a period of 99 years, on realization of lease rent from the writ petitioner/respondent at a time for the entire lease period. Those long term leases were granted for establishing industrial units therein. The terms and conditions which were agreed upon between the parties as condition for letting out those three plots of industrial land were mentioned in those two lease deeds. The relevant terms and conditions with which we are presently concerned are set out hereunder:- "2(c) To observe that any new construction/addition/alteration within allotted space shall be executed by the lessee himself at his own cost, provided that the plan for such work is approved by the concerned authority. That in case of any such construction of paddock/land, the side space should be kept open as will be prescribed by the competent authority. That the lessee will be bound by all rules in force concerning the Municipal bodies of the locality where this Industrial/Commercial Estate is situated. 2(g) To start construction, manufacture and production/office activities/trading activities according to the provisions of Clause 2(c) of these presents within 12 (twelve) months from the date of these presents or within such time as may be allowed by the lessor in writing.
(3.) In case of breach of the lessee's covenant, right of re-entry was reserved with the lessor in both the aforesaid lease deeds.;