Calcutta High Court (Appellete Side)(Bla Projects Private Limited vs The West Bengal on 2 September, 2016Author:Dipankar DattaBench:Dipankar Datta1

UL   02.09.2016                   A.S.T. 278 of 2016
pg
                  (BLA Projects Private Limited vs. The West Bengal
                   Power Development Corporation Limited & Ors.)

                  Mr. Kishore Dutta
                  Mr. Arunava Ganguly.................for the petitioner


                             Despite service of copy of the writ petition on

                  the Chairman-cum-Managing Director, the West Bengal

                  Power Development Corporation Limited, the second

                  respondent, none appears on his behalf. The notice shallbe retained with the records.Having regard to the urgency pleaded in

                  paragraphs 44 to 46 of the writ petition, the petitioner is

                  permitted to move this writ petition without service of

                  notice to the other respondents. Requirement of Rule 26

                  of the Writ Rules stands dispensed with.The writ petition is directed against order

                  dated September 01, 2016, at page 68 of the writ petition.

                  Upon invocation of clause 8.0 of the agreement between

                  the petitioner and the Corporation, the first respondent,

                  the quantity of fly ash to be evacuated and transported

                  has been reduced from 500000M3 to 300000M3. It has

                  been pleaded in paragraph 31 of the writ petition that

                  there was no occasion for the first respondent to invoke2clause 8.0, because there has never been an instance of

      default leading to non-compliance of the work order.Prima facie, this Bench is satisfied that the

      order dated September 01, 2016 has been issued without

      existence    of   the    jurisdictional      fact    and   hence    is

      unsustainable in law. Its operation shall remain stayed

      for a period of 14 days or until further orders, whichever

      is earlier, meaning thereby that no other party shall be

      entitled    to    reap   the       benefit    of    evacuation     and

      transportation of fly ash as a result of such order.Put up this writ petition on Wednesday next
ACO
      (07.09.2016) under the heading 'New Motion'.In the meantime, service shall be effected on

      all the respondents, except the second respondent, by the

      learned advocate for the petitioner.(DIPANKAR DATTA,J.)