Calcutta High Court (Appellete Side)
Association And Others vs West Bengal Housing ... on 28 January, 2021
28.01.2021
Item Nos.
4 to 6.
Crt.No.11
br/G.S. Das MAT 1069 of 2015
with
CAN 1 of 2018
(Old CAN No.4370 of 2018)
with
CAN 2 of 2020
(Assigned)
Bengal Brick-Field Owners'
Association and others
-Versus-
West Bengal Housing Infrastructure
Development Corporation Ltd. & Ors.
with
MAT 1129 of 2015
with
CAN 1 of 2018
(Old CAN No.4817 of 2018)
with
CAN 2 of 2020
(Assigned)
Hitech Hatch Fresh Pvt. Ltd. & Ors.
-Versus-
West Bengal Housing Infrastructure
Development Corporation Ltd. & Ors.
with
MAT 1309 of 2015
with
CAN 1 of 2018
(Old CAN No.4709 of 2018)
with
CAN 2 of 2020
(Assigned)
Prabir Kumar Talukdar
-Versus-
West Bengal Housing Infrastructure
Development Corporation Ltd. & Ors.
Mr. Puspal Chakraborty
.... For the appellants in
all three matters.
Mr. Saptangsu Basu
Mr. Pramit Kumar Roy
Mr. N.C. Bihani
Ms. Papiya Bihani
Ms. Sushmita Ghosh
.... For the Respondents/Applicants
in all three matters.
Mr. Jishnu Chowdhury
Mr. Chayan Gupta
Mr. Sandip Dasgupta
Mr. Ayan De
.... For the WBHIDCO in all three matters
In Re: IA No. CAN 1 of 2018 (Old No. CAN 4370 of 2018)
Mr. Chakraborty, learned Counsel, appears in
support of the appeal.
It is submitted that there is a delay of one day in
filing the appeal.
IA No. CAN 1 of 2018 (Old No. CAN 4370 of 2018)
has been therefore filed seeking condonation of delay.
Learned Counsel for the other appearing respondents
are represented.
Heard.
Considering the cause shown in support of the
prayer for condonation of delay in IA No. CAN 1 of 2018
(Old No. CAN 4370 of 2018), the cause shown is found to
be sufficient. The delay stands thus condoned.
The appeal being MAT 1069 of 2015 is formally
brought on board and taken up for consideration next with
its other connected applications.
IA No. CAN 1 of 2018 (Old No. CAN 4370 of 2018)
stands thus disposed of.
In Re: MAT 1069 of 2015; MAT 1129 of 2015 and MAT 1309
of 2015:
The three appeals, being MAT 1069 of 2015, MAT
1129 of 2015 and MAT 1309 of 2015; are now taken up for
conjoint consideration along with their respective
connected applications.
The three appeals arise out of a common judgment
and order of the Hon'ble Single Bench in a set of writ
petitions dated 11th May, 2015. The writ petitioners are the
appellants before this Court. The writ petition was filed
challenging the cancellation of allotments of land made in
favour of the writ petitioners by the Respondents/West
Bengal Housing Infrastructure Development Corporation
Ltd (for short, the Corporation).
An additional prayer in the writ petition was made to
the effect that in the event the allotments of land to the writ
petitioners stood cancelled, in such event similar
allotments made in favour of the private respondents
should also be cancelled.
The Hon'ble Single Bench by the judgment and order
dated 11th May, 2015 did not agree with either of the
contentions of the writ petitioners. The Hon'ble Single
Bench was of the considered view that there was a
reasonable differentia between the allotments of land in
favour of the writ petitioners and in favour of some of the
private respondents in respect of whom cancellation was
sought in the writ petition.
The Hon'ble Single Bench was of the further view
that the respective allotments were also separated by a cut-
off date.
Accordingly, the tests of reasonable classification
were met by the respondent/the Corporation in allotting
the land to some of the private respondents and, cancelling
the allotments made in favour of the writ petitioners.
Being aggrieved, the writ petitioners have preferred
the present appeal. The appeal, being MAT 1069 of 2015, is
taken up for consideration first along with its connected
application being CAN 2 of 2020. This appeal and its
connected application has been filed by one of the private
respondents namely, M/s. Balaji Enterprise.
The applicants in CAN 2 of 2020 argue that due to
the pendency of the appeal the utilisation of the land
allotted to them for commercial purposes has remained
unfulfilled. As a result the applicants have suffered heavy
losses.
On behalf of the Corporation Mr. Chowdhury,
Learned Counsel, argues that a civil action has been
already initiated by the Corporation against the private
respondents/the writ petitioners. The Corporation has
sought the relief of cancellation of the Deed of Conveyance
executed by and between the Corporation and the private
respondents.
The attention of this Court is also drawn by the
parties to the order of the Hon'ble Supreme Court dated
18th December, 2019 in Writ Petition(s) (Civil) No(s).
1223/2019, in the matter of one of the applicants namely
Balaji Enterprises -Vs- The State of West Bengal & Ors.
It would be relevant for this discussion to quote in
verbatim the order of the Hon'ble Apex Court which is as
follows:
"UPON hearing the counsel the Court made the
following
O R D E R
After some arguments, learned senior
counsel for the petitioner concedes that since the
application has already been filed before the
High Court, being CAN No. 4258/2019, the
appropriate course of action would be to
persuade the High Court for its expeditious
hearing as the building is complete and to get a
commercial price for floor space in the same, the
pendency of the appeal is causing an
impediment.
The Writ Petition is dismissed as
Withdrawn in the aforesaid terms.
Needless to say, the High Court will
endeavour to give expeditious consideration as
early as possible."
Having heard the rival submissions and considering
the materials placed, this Court is persuaded to take the
view at this stage that the appropriate course of action
would be to expedite the hearing of the appeal itself.
Accordingly, the parties are first permitted to exchange
their affidavits to CAN 1 of 2018 in MAT 1069 of 2015. A
cumulative period of two weeks is granted to the parties to
complete such exchange of affidavits after which such
affidavits, including all connected and germane
documentation, shall be incorporated in the Informal Paper
Book(s) to be prepared by the appellants.
Let such Informal Paper Book(s) be completed within a
further period of two weeks after the period granted to
exchange affidavits is complete.
However, it is made clear that in respect of the three
appeals before this Court today for conjoint consideration,
the Informal Paper Book(s) directed to be prepared in this
appeal and application, i.e. MAT 1069 of 2015 with CAN 2
of 2020 shall also be the only consolidated Paper Book(s)
for deciding the other two connected appeals and
applications namely, MAT 1129 of 2015 with CAN 2 of
2020 and MAT 1309 of 2015 with CAN 2 of 2020.
It would be appropriate for the parties therefore to
place their documentation covering all the three appeals in
their consolidated affidavit to CAN 2 of 2020 arising out of
MAT 1069 of 2015.
Let the three appeals next appear under the heading
"Appeals For Hearing (Fixed)" on the 13th of May, 2021.
Before parting with this discussion, the prayer for
condonation of delay in both CAN 1 of 2018 connected to
MAT 1129 of 2015 and CAN 1 of 2018 connected to MAT
1309 of 2015 stand allowed on a parity of reasoning.
Accordingly, CAN 1 of 2018 in MAT 1129 of 2015 and
CAN 1 of 2018 in MAT 1309 of 2015 also stand disposed
of.
All parties shall act in terms of the copy of the order
downloaded from the official website of this Court.
(Hiranmay Bhattacharyya, J.) (Subrata Talukdar, J.)
