M/S. ASSOCIATED INDEM MECHANICAL P. LTD. versus WEST BENGAL S.S.I.D.C. LTD. AND ORS.

Citation: [2007] 1 S.C.R. 174 · Decided: 05-01-2007 · Supreme Court of India · Bench: G.P. MATHUR · Disposal: Dismissed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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M/S. ASSOCIATED INDEM MECHANICAL P. LTD. 
v. 
WEST BENGAL S.S.I.D.C. LTD. AND ORS. 
JANUARY 5, 2007 
[G.P. MA THUR AND A.K. MATHUR, JJ.] 
West Bengal Government Premises (Tenancy Regulations) Act, 1976-
Ss. 2(a), (c) ands. 3(2)(1a)-Lease of industrial plots-Cancellation of 
lease deed on violation of terms-Notice for eviction of lessee under 
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section 3-Plea of lessee that the Act is applicable to residential premises 
and not industrial sheds-Held : Definition of word 'premises' is very 
comprehensive and wide-Section 3(2)(a) covers all kinds of leases, 
commercial or industrial sheds-Thus, applicability of the Act not restricted 
to residential buildings alone-It is applicable to non-residential and 
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commercial premises as well-Unit is non-functioning and was lying close 
for a long period, as such violation of terms of lease-Hence, tenancy of 
lessee stood automatically terminated under Section 3(2)(1a). 
Words and Phrases : 'Premises '-Meaning of in the context of section 
2(c) of the West Bengal Government Premises (Tenancy Regulations) Act, 
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1976. 
Industrial sheds were demised in favour of the appellant for 99 years 
by lease deed. Appellant did not commence production and/or manufacturing 
activity. Notices were issued under section 3(1) of the West Bengal 
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Government Premises (Tenancy Regulation) Act, 1976 to the appellant. By 
another notice, lease deed was terminated and the Corporation took over 
possession of the industrial sheds Appellant them undertook to commence 
manufacturing activity and tender rent and thereafter was handed over the 
possession. Even thereafter the appellant did not commence any 
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manufacturing activity and thus notices were issued to the appellant to hand 
over po~session of the industrial sheds. Corporation in pursuance to the 
order of High Court held that the appellant was liable to be evicted from 
the demised premises. Appellant filed a writ petition challenging the 
cancellation of lease deed executed in its favour. The Single Judge of High 
Court dismissed the writ petition. Division Bench upheld the order. Hence 
the present appeal. 
174 
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MIS. ASSOCIATED INDEM MECHANICAL P. LTD. v. W. BENGAL S.S.I.D.C.LTD. 175 
Dismissing the appeal, the Court 
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HELD: I.I. The Preamble of the West Bengal Government Premises 
(Tenancy Regulation) Act, 1976, says that it is an Act to provide for the 
regulation of certain incidents of tenancy in relation to Government premises 
in West Bengal. It does not say that the Act is meant for regulation of 
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residential tenancies alone. The definition of "Government premises" in 
section 2(a) is very wide. It means any premises which is owned by the State 
Government or by a Government undertaking except the official residence of 
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any person authorized to occupy any premises in consideration of the officer 
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which he holds under the State Government or a Government undertaking. 
Therefore, all kinds of premises whether commercial, industrial or c 
residential, if owned by the State Government or by a Government undertaking 
would be covered by the definition except the official residence of any person 
authorized to occupy any premises in consideration of the office which he 
holds under the State Government or a Government undertaking for the time 
being. [Para 8] [182-G-H, 183-A-B] 
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1.2. The definition of the word "premises" in section 2( c) of the Act not 
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only means any building or hut or part of a building or hut and a seat in a 
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room, let separately but also includes godowns, gardens and out-houses 
appurtenant thereto and also any furniture supplied or any fittings or fixtures 
affixed for the use of the tenant in such building, hut or seat in a room, as 
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the case may be. A "scat in a room" or "gardens" or "godowns" by 
themselves do not qualify to be called a residential building. A residence 
ordinarily means-a place where one resides; the act or fact of abiding or 
dwelling in a place for some time; an act of making one's home in a place. 
"Residential" ordinarily means-used, serving or designed as a residence or 
for occupation by residents; relating to or connected with residence. Gardens 
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or grounds or any furniture supplied or fittings or fixtures affixed in a 
building or seat in a room can by no stretch of imagination be called or said 
to be a residential building, but they are included in the definition of premises. 
This shows that the legislature int

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