- (1.) To save the Trust Property, a Public Charitable Trust has come before this Court with an application under Article 226 of the Constitution of India by challenging the illegal termination of the lease by the Kolkata Municipal Corporation (hereinafter referred to as KMC) and its demand for possession of the petitioners' leasehold property from the petitioners.
(2.) Admittedly by a registered lease deed dated 31 st May, 1994, KMC demised 19.6 acres of land at J. B. S. Haldane Sarani to the petitioner No. 1 being a Public Charitable Trust (hereinafter referred to as the Trust) for a period of 30 years for setting up a craft village in the said premises, on the terms and conditions as contained in the said deed.
(3.) The physical possession o1 the said premises was handed over by KMC to the said Trust on 28th September, 1997. Subsequently by another Supplementary Indenture dated 9th July, 1999 executed between the KMC and the Trust, it was clarified that an area of 18.11 acres of land at the said premises was demised in favour of the Trust instead of 19.6 acres, as mentioned in the earlier deed dated 31 st May, 1994.;