S.S. Natural Resources Pvt Ltd and Anr Vs West Bengal Industrial Development Corporation Limited and Anr (Calcutta High Court)
Calcutta High Court held that West Bengal Industrial Development Corporation’s [WBIDC] demand for transfer fee in relation to leasehold lands acquired via resolution process. Accordingly, the present appeal is dismissed.
Facts- The present appellants were the writ petitioners in the writ proceeding. The writ petition was filed challenging the demand for transfer fee raised by the West Bengal Industrial Development Corporation Limited vide notice dated 26.04.2022 and 06.07.2022. The writ petitioner also sought a consequential relief being a direction upon the respondents to forbear from giving effect to the notice dated 06.07.2022 and to forbear from in any manner disturbing or interfering with the writ petitioner’s enjoyment of the leasehold property being 315.42 (approx.) acres land. The leasehold land was demised for industrial/ factory purposes by a sub lease dated 03.09.2009 by WBIDC to one Ram Swarup Industries Limited which was engaged in manufacturing of steel, thermo-mechanically treated bars and steel wires. The Single Judge dismissed the writ petition, by a judgment dated 29.02.2024, which is the subject matter of the present appeal.
Conclusion- It is apparent from a plain reading of the order that the policy is applicable to lands owned or held by any department of the State Government or agency funded by the State Government in any manner. There is no dispute regarding the fact that the leasehold land in question are held by WBIDC which is an agency of the State Government. As noticed by us and recorded above the Resolution Plan submitted by the writ petitioner contemplates transfer of leasehold rights in respect of the lands in question. Therefore, there can be no two opinions regarding the fact that the policy dated 16.12.2012 would apply to the transfer of the leasehold lands in terms of the resolution plan which was submitted and accepted by the NCLT on 04.09.2019, i.e. much after coming into force of the policy dated 16.12.2012.
