Calcutta High Court (Appellete Side)
Aeroheight Apartment Consultants Pvt. ... vs The State Of West Bengal & Ors on 5 July, 2023
Author: Suvra Ghosh
Bench: Suvra Ghosh
July 5, 2023
(27) ARDR
WPA 9860 of 2023
Aeroheight Apartment Consultants Pvt. Ltd. & ors.
Vs.
The State of West Bengal & ors.
Sr. Adv. Jaydeep Kar,
Adv. Manju Bhuteria,
Adv. Siddhartha Banerjee,
Adv. Dwipayan Basu Mallick,
Adv. Rajesh Upadhyay,
Adv. Jyoti Routh,
...for the petitioners.
Sr. Adv. Abhratosh Majumder.
Adv. Chayan Gupta,
Adv. Sandip Dasgupta,
Adv. Saaqib Siddiqui,
...for the respondent no.6.
Adv. Satyajit Talukdar, Adv. Piu Karmakar, ...for the KMDA.
Adv. Chandi Charan De, Adv. Sadhan Kumar Haldar, ...for the State.
Affidavit of service filed by the petitioners is taken on record.
The petitioners claim to be recorded owners of different plots in Mouza Chhapna and intend to raise construction therein. The petitioners approached the HIDCO for issuance of no objection certificate in raising such construction. Such certificate is yet to be issued.
Learned counsel for the petitioners takes this Court to several documents which indicate that though the plots in question were intended to be acquired by the State respondents and notification under Section 6 of the Land Acquisition Act, 1894 was published to that effect, no award being declared within the statutory period of time, 2 the acquisition proceeding lapsed under Section 11(A) of the Act. Learned counsel submits that there is no further hindrance for the HIDCO to issue no objection certificate in favour of the petitioners for the purpose of raising construction in the plots in question.
Learned counsels for the respondents seek to submit reports in the form of affidavit in this regard.
Let the matter appear under the same heading on 24th July, 2023.
(Suvra Ghosh, J.)