- (1.) Questions of law of great moment and importance have arisen during the course of hearing of this writ application. They are most interesting, as well. The question is: whether the Government of West Bengal can fetter the right of a lessee of its property in Salt Lake with regard to assignment of that lease? All land in the Salt Lake area belong to the government. It only grants leases of parcels of land. In this case on 6th February, 1975 the government demised to Charu Chandra Bose a plot of land in Salt Lake on lease for period of 999 years. On his death the plot, which had since been constructed upon into premises No. EC-149, Sector-1, Salt Lake City (Bidhannagar), devolved on his wife and offsprings as his legal heirs. It was mutated in their names. Now, this property was reasonably large comprising of 4.3447 cottahs.
(2.) There is an ancient statute called the Government Grants Act, 1895. In areas where the Government Grants Act operates the Transfer of Property Act, 1882 has no application. Admittedly, this area falls within the operation of the Government Grants Act. According to Section 3 of this Act all provisions, restrictions, conditions etc.. in a grant are to take effect irrespective of anything contrary contained in any statute.
(3.) Clause-8 of the lease agreement provided that any joint lessee could have the right to transfer his right in favour of the other joint lessee. Apart from this there was no restriction on the right of a lessee to assign the lease in favour of any third party. What happened was this.;