Harish Tandon, J. - (1.) Affidavit-of-service filed today in Court be kept on record.
(2.) The present writ petition is filed challenging the notification dated 30th April 2016 issued by the Kolkata Port Trust fixing the quantum of compensation/damages for wrongful use and occupation at three times the scheduled rent till the vacant possession is obtained by the Port.
(3.) According to Mr. Sengupta, learned senior advocate for the petitioner, the Kolkata Port Trust does not have such competence/power to fix the rate of compensation/damages as the same is within the realm/domain of the estate officer under Section 7 of the Public Premises (Eviction of Unauthorized Occupation) Act, 1971. It is further submitted that the Port Trust initiated a proceeding after filing of the writ petition and a point of maintainability was taken which was decided against and an appeal is pending.;