Sen Pet (India) Limited ( Previously Known As Elque Polysters Limited) v. Development Commissioner, Falta Special Economic Zone And ORS.

07.01.2025 Ct. 14 BP/AGM In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 30725 of 2024 Sen Pet (India) Limited -versus The Development Commissioner, Falta Special Economic Zone & Ors.

Mr. Ganesh Narayan Jajodia.

Ms. Satabdi Dutta.

Mr. Sankha Subhra Dutta.

...For the Petitioner.

Mr. B. P. Banerjee.

Mr. K. K. Maiti.

... For the respondent no. 4.

1. Affidavit-of-service filed in Court today be kept with the records.

2. Being aggrieved by the notice dated 6th September, 2024 issued by the Secretary, Falta SEZ Authority directing the petitioner to pay the outstanding rent amount of Rs. 6,47,48,362/- and to hand over possession of the vacant land within 90 days from the date of issuance of the notice the petitioner filed a representation before the Secretary, Falta SEZ Authority in December 2024. The same has not been considered till date.

3. It appears that an agreement of lease was entered into between the Development Commissioner, Falta Export Processing Zone and Sri Biswanath Chattopadhyay on 6th October 1994 for a period of 15 years. The said period of 15 years expired long back. The petitioner is holding back to the said property and has not paid the rent for the same.

4. The authority has raised the bill for the outstanding rental dues and has also directed the petitioner to vacate the same.

5. Learned advocate representing the Falta, SEZ submits, upon instruction that, the arbitrator is the authority before whom the petitioner ought to have raised his grievance.

6. As it appears that a representation from the petitioner is pending consideration before the Secretary of the Falta, SEZ, accordingly, without going into the merits of the same at this stage, the instant writ petition is disposed of by directing the Secretary, Falta SEZ to consider the prayer of the petitioner in accordance with law at the earliest but positively within a period of four weeks from the date of communication of this order.

7. If the Secretary is of the opinion that he is not the competent officer to decide the issue, the same shall also be made known to the petitioner to raise appropriate grievance before the competent authority.

8. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)