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Calcutta High Court (Appellete Side)

Sri Mainak Sirkar vs The State Of West Bengal And Others on 3 April, 2014

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

                                             1


Serial Nos.44 and 45.
   April 3, 2014.
         SG


                                   W.P. No.37304 (W) of 2013

                                        Sri Mainak Sirkar
                                              -versus-
                                 The State of West Bengal and others

                                                 with

                                   W.P. No.5158 (W) of 2013


                        Shivmangal Securities Private Limited and others
                                             -versus-
                              West Bengal Housing Infrastructure
                          Development Corporation Limited and others


                            Mr Ashok Sarkar
                            Mr Subrata Banerjee
                                             ... for the petitioner
                                         (In WP 37304 (W) of 2013).

                            Mr   Arunava Ghosh
                            Mr   Anindya Lahiri
                            Mr   Mainak Ganguly
                            Mr   Prajnadeepta Roy
                            Mr   Sourav Mondal
                            Mr   Puspal Chakraborty
                                                ... for the petitioner
                                             (In WP 5158 (W) of 2013).


                            Mr Ashok Kumar Banerjee
                            Mr Abhratosh Majumder
                            Mr S. Dasgupta
                                               ... for WBHIDCO
                                               (In both matters).


                    Two of the several matters pertaining to the cancellation of
               non-residential plots at New Town have been taken up and it is
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necessary that several documents be disclosed by the respondent

authorities. The West Bengal Housing Infrastructure Development Corporation Limited should disclose the full list of allottees of land under the Chairman's quota in all categories. The managing director of such organisation should append the comprehensive list to an affidavit to be filed by him. The minutes of the 59th board meeting of the Corporation should also be disclosed.

In addition, an unequivocal statement should be made as to whether all allottees who had been issued allotment letters on February 28, 2011 have been treated similarly or whether there is even a single instance of a similarly-placed allottee being treated in a dissimilar manner.

It is also necessary for the West Bengal Housing Infrastructure Development Corporation Limited to indicate the mode of allotments of all plots at New Town, whether residential or non-residential and whether done through lottery or auction or under the Chairman's discretionary quota or otherwise.

It is also made clear that if no directions have been issued for filing affidavits in any of the similar matters or any affidavits are outstanding, the affidavits should be completed.

Let these two matters appear along with connected petitions on April 9, 2014.

(Sanjib Banerjee, J.) 3