Arijit Banerjee, J. - (1.) IN the instant revisional application the petitioner challenges the judgment and order dated 9th October, 2007 and order dated 18th January, 2008 passed by the Ld. District Judge, Purba Medinipur in Misc. Appeal No. 42 of 2006 whereby the order dated 28th June, 2006 in E.O/Costal/261/1585 passed by the Ld. Estate Officer, Haldia Dock Complex was set aside and the matter was sent back to the Estate Officer on remand for fresh consideration. By the order dated 28th June, 2006 passed under sub -sections (1), (2) and (2A) of Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 'the said Act'), the Estate Officer had directed the opposite party No. 1 herein to pay a sum of Rs. 39,08,045/ - as damages on account of unauthorised occupation of the concerned premises. The opposite party No. 1 was further directed to pay simple interest at the rate of 7.25 per cent per annum on the said sum with effect from 12th July, 2006 till payment. This order was set aside in appeal by the Ld. District Judge and the matter was remanded back to the Estate Officer. The material facts of the case are as follows.
(2.) BY a letter dated 28th November, 1981 the petitioner offered to grant a lease to the OP No. 1 in respect of two acres of undeveloped land in the industrial zone Haldia on the terms and conditions mentioned in the said letter. Clause VII of the said letter provided that the OP No. 1 would have to erect boundary pillars demarcating the land at its cost immediately after possession of the land is made over to it. Clause X of the letter provided that the OP No. 1 would be required to submit necessary plans in quadruplicate of any structure which it proposed to erect with a site plan and no construction would be allowed until the plans were approved by the office of the petitioner and sanctioned by the Municipal Authorities. Clause XI of the letter provided that the OP No. 1 would utilise the land within three months from the date of handing over possession of the land to the OP No. 1. By a letter dated 19th August, 1982 the petitioner informed the OP No. 1 that the land in question would be handed over to the authorised representative of the OP No. 1 on 30th August, 1982. It appears from a certificate of possession dated 1st September, 1982 that possession of the land in question was handed over to the OP No. 1 on 1st September, 1982.
(3.) BETWEEN September 1982 and June 1985 rent was duly paid by the OP No. 1 to the petitioner. From July 1985 the OP No. 1 stopped paying rent.;