Developer appealed dismissal of its writ petition challenging the State's termination of a lease to the West Bengal Social Welfare Board and taking over possession. The Division Bench held Clause 9 of the lease was breached by the development agreement absent prior written permission, and dismissed the appeal without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE
Present:
The Hon’ble Justice Debangsu Basak And
The Hon’ble Justice Md. Shabbar Rashidi
M.A.T. 2021 of 2023
Star Abasan Private Limited vs.
The State of West Bengal & Ors.
For the Appellant : Mr. Mainak Bose, Sr. Adv., Mr. Anuj Singh Mr. V.V.V. Sastry Mr. Anirudh Goyel For the State : Mr. T.M. Siddiqui, Ld. A.G.P., Mr. Suddhadev Adak
Heard & Judgment on : June 13, 2025
DEBANGSU BASAK, J.:-
and order dated September 19, 2023 passed in W.P.A. 2028 of 2018.
2
department of the State of West Bengal. Both the State of West Bengal as also
the West Bengal Social Welfare Board are the authorities within the meaning of Article 12 of the Constitution of India. According to him, State of West Bengal and West Bengal Social Welfare Board are alter ego of each other.
3
cannot question the award dated August 31, 2017 which is deemed to be a
decree of the Court.
4
deed dated August 20, 2013. In particular, he draws the attention of the Court
to the Clause 8 and the last Clause thereof. He submits that under Clause 8 of the lease deed dated August 20, 2013, the West Bengal Social Welfare Board was required to obtain prior permission in writing from the State of West Bengal or other authorities prescribed in that behalf, for user of the plot of land for purposes other than for construction of hostel building for working women.
5
stood cancelled by a letter dated January 16, 2017 and that possession of the
plot in question was taken over on July 14, 2017. He submits that there is no privity of Contract between the State of West Bengal and the appellant for any right of the appellant to be breached by any steps taken by the State of West Bengal.
“Clause 9. Not to use or allow to be used the land and/or the structure thereon or any part thereof for any purpose other than for construction of hostel building for working women without the prior permission in writing of the Government or other authority prescribed in that behalf.
Provided always that if there be any breach of any of the terms and conditions and covanants herein on the part of the Lessee contained the Lessor shall have the right to reenter into possession of the demised land or any part thereof in the name of the whole and thereupon this demise shall forthwith stand determined.
Provided nevertheless the Lessor shall not exercise the right without serving the Lessee a notice in writing giving six months time to remedy the breach.”
and/or the structure that may be erected thereon or any part thereof for any purpose other than for construction of hospital building for working women without the prior permission in writing of the Government or any other authority prescribed in that behalf.
6
writing dated August 20, 2013 requested permission from the Urban Development Department for the purpose of entering into a public private partnership. There is another letter dated February 14, 2014 issued to the Minister-in-Charge of the department of Municipal Affairs asking for admissible floor or ratio. No reply to any of these letters, of the the State is on record.
7
Appellants before us also did not treat the two entities as one, as sought to be contended in the litigation, at the material point of time. Appellants were well aware of the role of the State of West Bengal vis-à-vis the privity.
8
is not called upon to sit in appeal as an appellate authority, over a decision of
an Article 12 authority, particularly when the same is plausible.
9
judgment and order impugned before us.
without any order as to costs.
(Debangsu Basak, J.)
S.D. ( Md. Shabbar Rashidi, J. )
2 issues framed by the court
Whether the State could terminate the lease with the West Bengal Social Welfare Board for breach of Clause 9 without prior written permission for changed user.
Whether the State is bound by the arbitration award dated August 31, 2017 as alter ego of the West Bengal Social Welfare Board.
1 provisions across 1 enactments
Star Abasan Private Limited
The State of West Bengal
Debangsu Basak
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
