Calcutta High Court
Corporation Ltd vs Punalur Paper Mills Ltd. & Ors on 20 December, 2017
Author: Biswanath Somadder
Bench: Biswanath Somadder, Moushumi Bhattacharya
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
APO No. 533 of 2017 (earlier APOT 176 of 2017)
GA No. 2711 of 2017 with
WP No. 1211 of 2000
WP No. 3006 of 2000
WEST BENGAL SUGAR INDUSTRIES DEVELOPMENT
CORPORATION LTD.
Versus
PUNALUR PAPER MILLS LTD. & ORS.
APO No. 562 of 2017 (earlier APOT 224 of 2017)
GA No. 3911 of 2017 with
WP No. 1211 of 2000
LAND ACQUISITION COLLECTOR & ORS.
Versus
PUNALUR PAPER MILLS LTD. & ORS.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 20th December, 2017.
Mr. Amrita Sinha,
Ms. Sima Biswas, Advs.
...for the appellant in APO No.
533 of 2017
Mr. Mahendra Prasad Gupta,
Mr. Paritosh Sinha,
Mr. Ayan Mitra,
Mr. Animesh Paul, Advs.
...for the appellant in APO No.
562 of 2017
Mr. S.K Kapoor, Sr. Adv.
Mr. Shyamal Sarkar, Sr. Adv.
Mr. Ranjan Bachawat, Sr. Adv.
Ms. Priyanka Prasad, Adv.
Mr. Deepak Jain, Adv.
...for the respondents
2
The Court : Two appeals have been preferred against the judgement and order passed by a learned Single Judge on 7th February, 2017 in two writ petitions, being W.P. No. 1211 of 2000 and W.P. No. 3006 of 2000. The first appeal, being APO No.533 of 2017 (earlier APOT No. 176 of 2017), has been taken out by the West Bengal Sugar Industries Development Corporation Ltd. The said Corporation was the respondent no. 4 in W.P. No. 1211 of 2000 and the respondent no. 5 in W.P No. 3006 of 2000. The other appeal, being APO No.562 of 2017(earlier APOT No. 224 of 2017), has been taken out by Land Acquisition Collector, the First Land Acquisition Collector, the State of West Bengal and the Joint Secretary & (Ex-Officio) of the Government of West Bengal against the same judgement and order dated 7th February, 2017. In W.P. No 1211 of 2000, the First Land Acquisition Collector, the State of West Bengal and the Joint Secretary to the Government of West Bengal were respondent nos. 1, 2 and 3 respectively. In W.P. No. 3006 of 2000 the Land Acquisition Collector, the First Land Acquisition Collector, the State of West Bengal and the Joint Secretary to the Government of West Bengal were the respondent nos. 1, 2, 3 and 4 respectively.
By the impugned judgement and order, both the writ petitions were allowed upon holding that the respondents State of West 3 Bengal and the First Land Acquisition Collector are liable to pay damages and/or compensation for the wrongful occupation of an area of 1350 sq. ft. in the fifth (5th) floor of premises No.13, Nellie Sengupta Sarani, Kolkata 700087, jointly and severally from August 17, 1998 till the possession was handed over back to the writ petitioner. The learned Single Judge has further held that after the expiry of 25 years of requisition period, the writ petitioner is entitled to receive occupation charges for the period September, 1998 till possession is handed-over to the writ petitioner, which will be assessed by a Senior Civil Engineer (PWD) attached to the West Bengal Government and by a private Civil Engineer nominated by the writ petitioner within a certain time frame as specified in the impugned order. The further directions given by the learned Single Judge in the impugned judgement and order read as follows :
"The parties are free to adduce their evidence, if any before the Engineers which will be considered by the said Engineers while determining the damages. On the basis of their findings, the respondent shall pay the occupational charges thus assessed to the petitioner. The parties shall bear the remuneration payable to the Engineers equally.
The respondents are at liberty to initiate fresh acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013. However, this should not be construed as a direction of this Court.
Accordingly, the writ petitions being W.P. No. 1211 of 2000 and W. P. No. 3006 of 2000 are allowed.4
The respondents are directed to handover peaceful vacant possession of the premises in question namely, portion of fifth floor of the premises No. 13, Nellie Sengupta Sarani, Kolkata 700 087 measuring about 1350 sq. ft. within three months from the date of communication of this order to the petitioner no. 1."
So far as the appeal, being APO No.533 of 2017 (earlier APOT No.176 of 2017) is concerned, it has been contended on behalf of the respondent/writ petitioner nos.1 and 2, namely, Punalur Paper Mills Limited and Kunal Dalmia, that the appellant has no locus standi to maintain the appeal, being merely the requiring body.
Even a bare perusal of the impugned order reveals that the learned Single Judge has directed handing-over peaceful and vacant possession of the premises, which are, admittedly, being occupied by the appellant, namely, West Bengal Sugar Industries Development Corporation Ltd. Even as a requiring body, the appellant's rights are squarely prejudiced in view of the mandatory direction passed by the learned Single Judge as observed hereinbefore. Therefore, it cannot be held that the appeal preferred by West Bengal Sugar Industries Development Corporation Ltd. being APO No.533 of 2017 (earlier APOT No.176 of 2017) is not maintainable.
In respect of the appeal preferred by the Land Acquisition Collector and the other authorities of the State of West Bengal, being APO No.562 of 2017 (earlier APOT No. 224 of 2017), we are of the view that 5 since the learned Single Judge has come to a finding that makes the State of West Bengal and the First Land Acquisition Collector liable to pay damages and/or compensation - which is required to be assessed in the manner as specified in the impugned judgement and order - the rights of the appellants in APO No.562 of 2017 (earlier APOT No. 224 of 2017) are required to be adjudicated upon as it is patently evident that the appellants are aggrieved by the impugned judgement and order dated 7th February, 2017. However, the appeals are required to be heard expeditiously. As such, we dispense with all formalities including issuance of notice of appeal, filing of paper books, etc. The appellants in both the appeals shall prepare informal paper books which shall include all the papers relied upon by the learned Single Judge and shall also include the papers which have been filed before us, including this order. Such informal paper books shall be filed within a fortnight after the Christmas vacation. In default, respondents/writ petitioners are at liberty to file informal paper books within a fortnight therefrom.
List both the appeals under an appropriate heading in the monthly combined list to be published for the month of February, 2018.
Since affidavits-in-opposition have not been called for, allegations made in the applications, being GA No.2711 of 2017 and GA 6 No.3911 of 2017 are deemed to be not admitted by the respondents/writ petitioners.
The applications, being GA No.2711 of 2017 and GA No.3911 of 2017, are accordingly disposed of.
(BISWANATH SOMADDER, J.) (MOUSHUMI BHATTACHARYA, J.) TR/pa