2016 (1) TMI 1443

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.... grant 99 years' lease in respect of a land at Transport Depot Road with effect from January 2, 1997 by a writing dated August 1, 2001.  The petitioners had reacted thereto by its writing dated October 10, 2001. The Kolkata Port Trust authorities had, by the letter dated February 21, 2003 requested the petitioners to inform the respondents with regard to the acceptance of the terms enumerated in the letter within a fortnight from such date.  The petitioners reacted thereto by a writing dated April 7, 2003. According to the petitioners, since they are already in possession of the plot in question, it is permissible for the Kolkata Port Trust authorities to grant lease of 99 years, subject to the consent of the Central Government.....

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....and had proceeded to make a counter-offer by the letter dated April 7, 2003.  Consequently, a binding contract did not come into being between the parties concerned. The petitioners had impugned the letters dated February 21, 2003 and June 2, 2003, issued by the Kolkata Port Trust authorities.  By the letter dated June 2, 2003, the Kolkata Port Trust authorities have required the petitioners to make over vacant and unencumbered possession of the land on August 1, 2003.  It goes on to say that the continued occupation of the petitioners at the land in question would invite damages. The parties did not agree to a lease being executed in favour of the petitioners.  The petitioners did not agree to the terms of the conditi....