Calcutta High Court (Appellete Side)
Gd vs The State Of West Bengal & Ors on 24 March, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
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42 24.03.2014
W.P. 13591 (W) of 2013
Eastern Paper Mills Ltd. & Anr.
gd Vs.
The State of West Bengal & Ors.
Mr. P. Sancheti
Ms. Mrittika Mitra
..for the petitioners
Mr. Bimal Chatterjee, Ld. Advocate General
Mr. Sakya Sen
Mr. Shyamal Sanyal
..for the State
Mr. Srijib Chakraborty
..for the Municipality
The petition has been filed some 32 years after
the petitioners claim to have been allotted a 31-cottah
plot in Salt Lake.
It does not appear that after the initial letters
issued within the first 10 years of allotment, the
petitioners took much interest in the matter except
writing a few more letters some four-five years back.
However, it appears that the petitioners deposited the
money of about Rs.6 lakh in the year 1981 itself.
The reason for the petitioners coming to court is
that the petitioners have come to learn that a
swimming pool is now proposed to be constructed on
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the land allotted to the petitioners in 1981.
Indeed, there is a subsequent petition which has
been filed by a contractor that despite the contractor
being identified for the award of the work for the
construction of the swimming pool, the site has not
been handed over to the contractor.
The State has submitted in such other matter
that the site may be handed over by the State to the
Bidhannagar Municipality subject to the result in the
present petition. It was in such circumstances that the
present petition was directed to appear in the list.
Since it does not appear that the petitioners have
shown much interest between 1981 and 2013 despite
the allotment having apparently been made in 1981
and since the petitioners can be compensated by
refund of the money that may have been paid along
with interest and since it is also possible for the State
to allot some other land to the petitioners in the event
the writ petition is allowed, no specific order is made on
this petition restraining the respondents from dealing
with the land which may have been notionally allotted to the petitioners in the year 1981.
Affidavit-in-opposition be filed within four weeks 3 from date; reply thereto, if any, may be filed within a fortnight thereafter.
The petition will appear for hearing in the monthly list of July, 2014.
(Sanjib Banerjee, J.) 4