Calcutta High Court
M/S. Leonine Estate Pvt.Ltd. & Ors vs The Kolkata Municipal Corporation on 27 January, 2010
Author: Patherya
Bench: Patherya
WP No. 156 of 2009
GA No.2263 of 2009
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
M/S. LEONINE ESTATE PVT.LTD. & ORS.
Versus
THE KOLKATA MUNICIPAL CORPORATION
For Petitioner : Mr. Dhruba Ghosh with Mr.Sakhya Sen
For K. M. C. : Ms. Manju Agarwal with Mr. D. Mondal
For State Respondent: Mr. Sk. Oli Mohammed with Ms.Biswarupa
Mitra BEFORE:
The Hon'ble JUSTICE PATHERYA Date : 27th January, 2010.
The Court : By this application the petitioners seek amalgamation of plots of land purchased by it into a single plot.
The case of the petitioners is that 13 plots of land were purchased in mouza Madurdah and one in Hossenpur. The petitioners were desirous of treating the said plots as one plot and applications were filed for amalgamation of the said plots. Such applications were received by the authorities concerned on 30th September, 2008. As no step was taken to consider or dispose of the said applications, this application has been filed and orders sought.2
Counsel for the Municipal Corporation submits that the Fisheries department had requisitioned certain plots of land and therefore unless a clearance was obtained from the Fisheries department it would not be possible to amalgamate the said plots. The Municipal Corporation, however, is not averse to consider the applications for amalgamation but prior to such amalgamation mutation is necessitated. Therefore, the petitioners ought to apply for mutation of the said plots of land.
Counsel for the Fisheries department submits that in 1965 for various projects the land was requisitioned. Subsequently the land has been derequisitioned as no acquisition proceedings were started. Therefore, it has no objection to orders being passed by this Court. In this regard letter dated 25th January, 2010 is handed to Court.
Having considered the submissions of the parties and in view of the order dated 12th January, 2010 issued by the Fisheries department whereby lands have been derequisitioned and letter dated 25th January, 2010 it is clear that no part of the plots mentioned in the applications are requisitioned by the Fisheries department. In fact whatever lands were requisitioned have been derequisitioned. In view of the order dated 12th January, 2010 and letter dated 25th January, 2010 there is no impediment for the Municipal authorities to consider the applications filed by the petitioners. Accordingly, the respondent no.3 is directed to consider and dispose of the applications filed by the petitioners after giving an opportunity of hearing to all parties and upon 3 compliance of all formalities in accordance with law. It is made clear that in the event no application for mutation has been filed, such application be filed within a week from the date of receipt of this order and the application along with the applications for amalgamation be considered within three weeks thereafter.
Letter dated 25th January, 2010 and copy of the order dated 12th January, 2010 be kept on record.
With the aforesaid direction this writ petition is disposed of. As no affidavit-in-opposition has been filed, the allegation contained in the petition is not admitted.
In view of the order passed, no order is passed in G.A.No.2263 of 2009.
All parties concerned to act on a xerox signed copy of this order on the usual undertakings.
( PATHERYA, J.) pa