M/S Associated Industries v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/885/2023 M/s Associated Industries Vs The Andaman and Nicobar Administration and others Mr. Tapan Kumar Das ... for the petitioner Mr. Shatadru Chakraborty, Sr. Adv.

Mr. Rakesh Kumar, Mr. Dibesh Dwivedi ... for the respondents January 14, 2025 [SR] Item no. 13 1.

The petitioner was allotted an area in the industrial estate in 2001. The same was subject to certain terms and conditions including the execution of an agreement. The agreement came to be executed on 05.08.2019.

2.

The authorities have inspected the industrial estate in the year 2022 when they have found certain violations of the terms of lease, which is seriously disputed by the learned counsel for the petitioner.

3.

It is the case of the authorities that after due issuance of notice, they have proceeded to cancel the petitioner's allotment. 4.

The petitioner, according to the various communications issued by the respondent, has not given any response to the cancellation notice. According to them, cancellation having been effected, the eviction proceedings have been initiated under the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

5.

Learned counsel for the petitioner submits that the cancellation of the lease in question was on nonest grounds and

without giving the petitioner any opportunity of making his response to the show cause notices, which were never served on him. In fact the notices were subsequently made available to the petitioner, but in the eviction proceedings; and, therefore, he had no occasion to question the validity of the same. 6.

The claimed service of notice is a seriously disputed issue of fact. Though the authorities submitted that they have served the same, it is the petitioner's specific assertions that the same was not served and there was no compliance with the principles of natural justice.

7.

After some argument and upon going through the agreement of licence dated 05.08.2019, it is observed that there is an arbitration clause contained therein.

8.

In view of the disputed issues of facts and the service of notice being disputed by the petitioner, the learned counsel for petitioner proposes to avail remedies under the arbitration clause, or other remedies that may be available to the petitioner in accordance with law.

9.

Allowing such liberty, the writ petition is disposed of. ( Madhuresh Prasad, J.)