DEBANGSU BASAK,J. - (1.) The petitioner assails the stand of Kolkata Port Trust (KoPT) Authorities in raising charges for so called wrongful occupation of four plots of land belonging to KoPT as also the refusal of KoPT to recognise the petitioner as a bona fide occupant of such land.
(2.) The learned Advocate appearing for the petitioner submits that, in 2004, after negotiations, KoPT had agreed to grant lease of 99 years in respect of four plots of land. The petitioner had paid the consideration money in respect of such lease. He draws the attention of the Court to a writing dated March 26/29, 2014 in support of his contention. He submits that, thereafter, KoPT authorities had taken a stand that the lease would not be for 99 years but for 30 years. Revised rate was asked from the petitioner. The petitioner agreed to the revision in the rate as also the downward revision in the number of years of the lease. Despite such agreement, KoPT authorities did not execute the necessary documents. The KoPT authorities had initiated eviction proceedings where the Estate Officer has expressed a view that the petitioner is not an illegal occupant. The petitioner is, however, in actual physical possession of the four plots of land concerned. The petitioner has been tendering the occupation charges to the KoPT authorities. Lastly, the KoPT authorities have refused to accept the tender on the ground that, in the name of the petitioner, the word 'private' appears. He submits that, the petitioner in 2004 was a public company and has become a private company presently without any change in management of the petitioner. Therefore, the KoPT authorities are acting arbitrarily not accepting the tender of rent by the petitioner.
(3.) KoPT authorities are represented. It is contended on behalf of the KoPT that, a sum of Rs.17,50,532.98 is due and payable by the petitioner calculating the tenancy on a single rate basis. He further submits that, few cheques issued by the petitioner have become stale and that, the petitioner should replace those cheques with valid instruments of payment.;