Sabyasachi Bhattacharyya, J. - (1.) The State of West Bengal, represented by the Secretary, Department of Fisheries and by the Collector, North 24 Parganas, has preferred the instant application under Article 227 of the Constitution of India against an order dated September 16, 2017, whereby the Civil Judge (Senior Division), Sixth Court at Alipore allowed an application filed by the plaintiff/opposite party no. 1 for restoration of possession of the suit property.
(2.) The dispute relates to the 'Nalban Fisheries', located in the Eastern Suburbs of Kolkata. The Government of West Bengal requisitioned 800 acres of land including the said Fishery and took over possession of the land on November 8, 1969 under the provisions of Act 2 of 1948. On September 27, 1979, the Director of Fisheries, Government of West Bengal, handed over possession of the said Fisheries to the opposite party no. 2, being the State Fisheries Development Corporation Limited, a wholly-owned undertaking of the Government of West Bengal, allegedly to carry out pisciculture and allied activities. Subsequently upon the opposite party no. 2 publishing an open invitation to set up a public entertainment and tourist project at Nalban, the opposite party no. 1 approached opposite party no. 2 and a licence agreement was entered into between opposite party no. 1 and 2 on March 12, 1991 for the purpose of setting up such project. Such agreement was renewed with modified terms and conditions vide another agreement between the same parities dated September 23, 1998. The agreement was entered into primarily for setting up a boating complex, on the surface water area of the project.
(3.) In terms of clause 2 of the said agreement, which is set out below, certain rights were given to the opposite party no. 1: "2. AND WHEREAS it is mutually agreed that the Company will be allowed to use appertaining land of the project for general activities of their project and may set up temporary and permanent structures for use of it's office ticket counters, guard room, gates, boundary wall, fencing, electrification, Restaurants, Snacks counters, Beautification, Structures etc., and may also set up jetty or platform for its boating purpose upon the embankments adjacent to the water surface. The Company may also use the land area for the purpose of beautification by planting trees etc., without hampering pisciculture in any way. The plants and walls however shall become the property of the Corporation and the party of the Second part will never prefer any claim for such plants and forestry in any shape or form for whatsoever.";