Calcutta High Court (Appellete Side)
Rev. Dr. Moses. Saryug Prasad vs 4.08.19 The State Of West Bengal & Ors on 14 August, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
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W.P. No.20834 (W) of 2018
Rev. Dr. Moses. Saryug Prasad
v.
14.08.19 The State of West Bengal & Ors.
SL-58
Ct-08 Mr. Piush Chaturvedi
(S.R.) Mr. Anujit Mookherji
Ms. Shruti Agarwal ... for the petitioner.
Mr. Chandi Charan De
Mr. Somnath Mukhopadhyay ... for the State.
Mr. Mrinal Kanti Ghosh
Mr. Sounak Bhattacharya ... for AMC.
The petitioner complains that, despite an order
dated July 11, 2011 passed by the West Bengal Land
Reforms and Tenancy Tribunal (in short 'LRTT'), Third
Bench in MA 171/2011 (O.A.-2211/2009), the Asansol
Municipal Corporation is making a construction of a
water tank at the plot concerned.
Learned advocate appearing for the petitioner
submits that, there are disputes with regard to the plots
owned and possessed by the petitioner pending before the
LRTT. He submits that, the State is now contending that,
since, entities holding such land merged into one there is
allegation of excess holding. Such stand of the State is
under challenge in the proceeding under the West Bengal
Land Reforms Act, 1955 before the LRTT. There subsists
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the order dated July 11, 2011, which required the parties
to the proceeding to maintain status quo in respect of the
land in dispute regarding the nature, character and
possession of the suit property till the disposal of the O.A.
No.2211/2009. He submits that, the Asansol Municipal
Corporation is claiming title through the State. Therefore,
the Asansol Municipal Corporation cannot have a higher
or a better right than the State, in respect of the property
concerned. The State being a party respondent in the
proceeding before the LRTT and the State suffering the order dated July 11, 2011, Asansol Municipal Corporation claiming through the State cannot make any construction at the subject plot.
State and the Asansol Municipal Corporation are represented.
Learned advocate appearing for the Asansol Municipal Corporation submits that, his client was put into possession of the property concerned by the State, in 2006. Asansol Municipal Corporation is constructing a water tank on one of the plots. It is laying out pipelines for the same. He submits that, the Asansol Municipal Corporation is not a party respondent in O.A. No.2211 of 3 2009 before the LRTT. Therefore, Asansol Municipal Corporation is not bound by such order.
As noted above, disputes under the West Bengal Land Reforms Act, 1955 are pending before the LRTT in O.A. No.2211 of 2009. Asansol Municipal Corporation is trying to make a construction on some of the plots involved in O.A. No. 2211 of 2009. At the highest the Asansol Municipal Corporation can claim title as that of the State, in respect of such property. In the event, the applicant before the LRTT succeeds in establishing that, the applicant has right, title and interest in respect of the plot concerned, then, Asansol Municipal Corporation will have no right of construction thereat. Therefore, as an interim measure, it would be appropriate to direct the Asansol Municipal Corporation to adhere to the order dated July 11, 2011 passed in O.A. No.2211 of 2009 pending before the LRTT till the disposal of the same or until further orders of the LRTT whichever is earlier.
This order, however, will not prevent Asansol Municipal Corporation from taking appropriate steps in the pending matter before the LRTT, in accordance with law.
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No further interference is called for. W.P. No.20834 (W) of 2018 is disposed of without any order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)