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Calcutta High Court (Appellete Side)

Biswadip Ghosh vs Debasish Sen & Anr on 8 February, 2024

Author: Suvra Ghosh

Bench: Suvra Ghosh

08.02.2024
rc/ct.no.10
Item No.02


                               CPAN No. 1158 of 2023
                                         in
                               WPA No. 17082 of 2022
                                  Biswadip Ghosh
                                      Versus
                                Debasish Sen & Anr.


                    Mr. Mukteswar Maity
                    Mrs. Nupur Chaudhuri
                                        ...for the petitioner/applicant

                    Mr. Soumitra Bandyopadhyay
                    Mr. Priyabrata Batabyal
                                       ...for the alleged contemnor No.2

                    Mr. Jishnu Chowdhury
                    Mr. Chayan Gupta
                    Mr. Saaqib Siddiqui
                                        ...for the alleged contemnor No.1


                    It is submitted on behalf of the 1st alleged contemnor

              that the joint demarcation, as directed by this Hon'ble

              Court, shall not be possible unless the acquisition map of

              the plot in question is produced by the State authorities.

                    Learned counsel for the 2nd alleged contemnor also

              submits that despite several communications made by the

              Block Land and Land Reforms Officer to the Special Land

              Acquisition Officer, North 24-Parganas, such acquisition

              map has not been supplied.

                    It is not in dispute that a portion of the plot in

              question has been acquired by the State respondents,

another portion acquired by the HIDCO and the remaining portion belongs to several private individuals. 2 In view of the above, this Court is inclined to hold unless the maps with regard to the acquisition of the portions of the plot by the State respondents as well as the HIDCO are produced, joint demarcation of the plot is not possible and the portion of the plot acquired by the petitioner by virtue of purchase, as submitted on behalf of the petitioner, can also not be identified.

The Special Land Acquisition Officer, North 24 Parganas is directed to produce the acquisition map before this Court on the adjourned date.

Let this matter appear under the same heading on March 01, 2024.

(Suvra Ghosh,J)