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Showing contexts for: Salt lake plot in Eastern Paper Mills Ltd. & Anr vs The State Of West Bengal & Ors on 16 August, 2024Matching Fragments
registration of lease deed in favour of the petitioner no. 1 company in respect of plot no. CJ 199A, Sector-II, Salt Lake, Kolkata-91 and CE 31, Sector-I, Salt Lake, Kolkata-64 and to put the petitioner no. 1 company in possession of both the plots.
2. The Deputy Secretary, Government of West Bengal Metropolitan Development Department issued a letter dated 28.8.1981 conveying that the Governor is pleased to sanction the grant of lease of 31.8453 cottahs in Block-CJ Sector-II in Salt Lake City to the petitioner no. 1 company for a period of 999 years on payment of salami at the rate of Rs.20,000/- per cottah for the purpose of construction of residential flats. Subsequently, by another letter dated 3.6.1984, the Deputy Secretary to the Government of West Bengal informed the petitioner company that the Governor is pleased to offer a plot of land measuring 9 cottah in Block-CE in Sector-I in Bidhannagar by a lease for a period of 999 years on payment of salami at the rate of Rs.20,000/- only per cottah for the purpose of construction of their officers quarters. The writ petitioners claim to have deposited the amount as directed in the allotment letters dated 28.8.1981 and 03.6.1984. The writ petitioners by several letters requested the respondent authorities to execute and register the lease deeds. Several reminders were also given by the petitioner company. Sometimes in the month of May, 2013 the petitioner no. 2 came to learn that the respondent authorities have allotted plot no. CJ 199A, Sector-II, Salt Lake to Bidhannagar Municipal Corporation (for short "BMC") for the purpose of construction of a swimming pool. Immediately thereafter, this writ petition was filed.
14. Heard the learned advocates for the parties and perused the materials placed.
15. Record reveals that by letters dated 27.08.1981 and 16.01.1984, the Deputy Secretary, to the Government of West Bengal informed the petitioner that the Governor has been pleased to sanction the grant of lease of plots of land being Plot No. 199A Block-CJ, Sector-II, Sector-II, Salt Lake and Plot no. 31, Block- CE, Sector-I, Salt Lake respectively in favour of the petitioner company.
43. In so far as the other plot being plot no. CE 31 Sector-I, Salt Lake City is concerned, it is not in dispute that the petitioners have made all the payments as per the allotment letter and other payments as demanded and it is also not the case of the State that the said plot of land has been utilised for any other purpose. This Court is, therefore, of the considered view that the State should be directed to handover possession of plot no. CE-31 Sector-I, Salt Lake City in favour of the writ petitioners and execute and register the lease deed in respect of the said plot forthwith.
49. In Mukesh Kumar (supra), the State filed a civil suit through the concerned Superintendent of Police seeking a relief of declaration that it has acquired the right of ownership by way of adverse possession. The said decision being distinguishable on facts cannot come to the aid of the petitioner.
50. For the reasons as aforesaid the writ petition stands allowed and the following directions are passed.
(1) (a)The respondent authorities are directed to offer the plot in Block BF, Sector- II, Salt Lake City, Kolkata-64 as specifically mentioned in the supplementary affidavit to the petitioner and to execute and register the lease deed at the original price which has been paid by the petitioners in respect of Plot no. 199A, Sector-II, Salt Lake City and to hand over possession of the same to the petitioner. The entire exercise shall be completed within a period of four weeks from the date of receipt of the server copy of this order.