M/S Trilok Metal Craft Industries v. The State of Assam and 3 Ors

PageoNo.#o1/4 GAHC010212222015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4507/2015o M/SoTRILOKoMETALoCRAFToINDUSTRIESo FACTORYoSHEDoNO.14,oINDUSTRIALoESTATESoNEWoBONGAIGAON,oP.O.oand DIST-oBONGAIGAON,oASSAM,oREP.oBYoITSoSENIORoPARTNER,oJAIoSINGHo SINGHI,oS/OoLT.oBHANWARoLALoSINGHI,oR/OoMAINoROAD,oBONGAIGAON,o P.O.oBONGAIGAON,oPIN-783381,oDIST-oBONGAIGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo THROUGHoTHEoSECY.,oTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFoINDUSTRIES,o DISPUR,oGHY-6 2:THEoDIRECTORoOFoINDUSTRIES oASSAM oBAMUNIMAIDAN oGHY-21 3:THEoMANAGINGoDIRECTOR oASSAMoINDUSTRIALoINFRASTRUCTUREoDEVELOPMENToCORPORATION oAoGOVT.oOFoASSAMoUNDERTAKING oBAMUNIMAIDAN oGHY-21 4:THEoGENERALoMANAGER oDISTRICToINDUSTRIESoANDoCOMMERCEoCENTRE oBONGAIGAON oP.O.oandoDIST-oBONGAIGAON oASSAM 5:SMT.oMANJUoDEVIoSINGHI oW/OoLATEoDULICHANDoSINGHI oRESIDENToOFoMAINoROAD Page No.# 2/4 BONGAIGAON BONGAIGAON TOWN P.O. BONGAIGAON DIST. BONGAIGAON ASSAM-78338 For the petitioner (s) : Ms. A. Borah, Advocate

For the respondent (s) : Mr. M. Mahanta, Advocate

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

29.01.2024 The instant writ petition has been filed by the petitioner for issuance of the writ in the nature of mandamus directing the respondent authorities not to demand the enhanced rate of lease rental for the shed and open space allotted to him w.e.f. 18.07.2006 or from any other date till expiry of the term of lease on 18.07.2016 as per Lease Deed dated 18.07.2006.

¶2The case of the petitioner herein is that the petitioner firm applied for the shed and open shed in Industrial Estate, New Bongaigaon before the authorities on lease, and accordingly, Factory Shed No. 14 measuring 1000 Square Feet @ Re. 0.10 per square feet and open space measuring 1200 Square Feet @ Re. 0.75 per 100 square feet was leased to the petitioner vide Lease Deed executed on 18.07.2006 for a period of 10 years with gestation period of 6 months. Subsequently, the allotted area was increased to shed measuring 6120 square feet and open space measuring 220 square feet at the same rate. Thereafter, the possession of the aforesaid shed was handed over to the petitioner by the Respondent No. 4 and since then the petitioner firm is carrying out its business as per Page No.# 3/4 the terms and conditions of the Deed of lease and is regularly paying rent of the said premises at the aforesaid rate of rental. It is the further case of the petitioner that the Respondent No. 4 served notice in 2008 to some of the allottees directing to pay rent of their premises at Industrial Estate, Bongaigaon, at the rate of Re. 1 per square feet for the Shed and Rs. 0.15 per square feet for the open space with retrospective effect from

01.01.2000 and to pay the outstanding rent arising and further directed to execute fresh lease deed with the Assam Industrial Infrastructure Development Corporation(AIIDC) within 15 days from the date of issue of the letter/notice. Being aggrieved, the petitioner has filed the instant writ petition.

¶3The learned counsel appearing for the parties have submitted before this Court that similar issues have already been decided by the Coordinate Bench of this Court vide an order dated 28.10.2013, passed in WP(C) 2199/2008. Subsequently, the said order was also followed by this Court while disposing of WP(C) 4640/2015 and WP(C) 5153/2015.

¶4Mr. M. Mahanta, learned counsel appearing for the respondent Assam Industrial Infrastructure Development Corporation (AIIDC) submits that these orders, which have been passed by the Coordinate Bench of this Court have been duly complied with by the State authorities and no appeals have been filed thereagainst.

¶5Taking into account the above, this Court also proposes to dispose of the instant writ petition on the same line, as hereunder:

(i) This Court is not inclined to interfere with the increase in the lease rent with effect from 01.05.2008 and, as such, the Respondent Page No.# 4/4 AIIDC would be at liberty to collect the rent at the said enhanced rate with effect from 01.05.2008.

(ii) This Court, taking into account the orders passed by the Coordinate Bench of this Court, interferes with the action of the respondent authorities in imposing enhanced rate of rent with effect from the year 2000 till 30.04.2008. Under such circumstances, the respondent AIIDC is restrained from collecting any rent at the enhanced rate from the petitioners for the period up to 30.04.2008.

¶6Accordingly, the instant writ petition stands disposed of in terms of the above.

JUDGE Comparing Assistant