M/S Aarsuday Projects vs Jogen Chowdhury on 29 January, 2026
32. It is essential to note here that another writ
petition, being Writ Petition No. 34241(W) of 2013
(Dharmendra Kumar Sharma v. State of West
Bengal), raising identical issues was filed before the
High Court in relation to a building situated on a plot
adjacent to the subject plot. In the said proceedings,
60
C.A. NO(S). 2920/2018 & connected matters
the District Magistrate submitted a report before the
High Court stating that the land in question was not
in the nature of “khoai” and had been earmarked for
“residential use” under the Land Use and
Development Control Plan, 2002 prepared by the
SSDA. In the same writ petition, Visva-Bharati
University filed an affidavit in opposition admitting
that the plot therein was privately owned, accessible
by a PWD road, situated outside the boundaries of
Visva-Bharati, and not located on “khoai” land. The
relevant extracts from the said report and affidavit
are reproduced hereinbelow for ready reference: -