- (1.) The revisional application is directed against the order dated May 21, 2012 passed by the Estate Officer Kolkata Port Trust in proceeding No. 287 of 1999 (Board of Trustees for the Port of Kolkata Vs. Shalimar Paints Limited). It is pertinent to mention that the impugned order is passed analogously by the Estate Officer, in the said proceeding No. 287 along with 308 of 1999 against the self-same petitioner, since issue in both the cases is the same. Background of the case bearing some admitted facts are mentioned hereunder:- a. The Estate Officer empowered under Section 3 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 issued the notice upon the petitioner with reference to the eviction proceeding No. 287 of 1999 under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, intimating "on and from 1.4.1990 you have lost your authority to occupy the public premises" namely portion of godown space 504.436 sq. metres, situated in Calcutta Jetty Shed No. l as described in the schedule of the said notice. b. The said proceeding was initiated on 18th February, 1999. c. The Estate Officer on March 28, 2000 passed orders of eviction and damages for wrongful occupation with effect from 1st April, 1990. d. Against the order of eviction, the petitioner preferred Miscellaneous Appeal before the appellate authority which was dismissed on merit on June 3, 2002. e. The petitioner then filed writ petition No. 1321 of 2002 challenging the order of said miscellaneous appeal which was dismissed on August 23, 2006 against which the petitioner preferred writ appeal which was dismissed on April 18, 2007. f. Possession of the impugned property was handed over by the petitioner in favour of the opposite party/ respondent on February 1, 2008.
(2.) The dispute arose when the opposite party, after attainment of finality in the order of eviction upto writ appeal and after taking possession of the premises-in-question, served notice under Section 7 of the Act on February 17, 2009 claiming damages to the tune of Rs. 38,04,942/- assessing damages for the period from 31.3.2000 to 31.1.2008.
(3.) The petitioner moved this Court with writ petition being C.O. 2048 of 2009 for setting aside the said notice under Section 7 of Public Premises (Eviction and Unauthorized Occupants) Act, 1971 in connection with the Eviction Proceeding No. 287 of 1999, and for other reliefs. It is pertinent to mention that the petitioner being also unauthorized occupant of another additional godown space measuring 288.28 Sq. metres in Calcutta Jetty Shed No.1 under Board of Trustees for the Port of Kolkata a similar proceeding No.308 of 1999 under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 was initiated against the self-same petitioner fate of which also attained same finality upto writ appeal, and the notice under Section 7 was challenged in another C.O. No. 2122 of 2009.;