Calcutta High Court (Appellete Side)
L.A. Collector vs Sujit Kumar Manna on 9 March, 2021
09.03.2021 FA 7 of 2020
Court No. 02
with
Item No. DL - 94 CAN 2 of 2018
snandy
(CAN 7621 of 2018)
(ORDER PASSED)
L.A. Collector, Hooghly
Vs.
Sujit Kumar Manna
Mr. Rabindra Narayan Dutta, Advocate
Mr. Sk. Afazuddin, Advocate
......for the appellants
Mr. Sukumar Bhattacharya, Advocate
Ms. Sayani Bhattacharya, Advocate
......for the respondents
CAN 2 of 2018
(CAN 7621 of 2018)
This is an application for stay of all further proceedings
in the connected Money Execution Case arising out of L.A.
Misc. Case No. 59 of 2010, pending before the First Court of
Additional District Judge, Hooghly till the disposal of the
instant appeal. The present appeal arises from a judgment
and order passed by the Land Acquisition Collector with other
ancillary benefits, which the claimant is entitled under the law.
The learned Advocate for the appellants submits that
the Land Acquisition Court have not considered the various
aspects which are required for the Court in determining the
market value at the relevant point of time and the amount so
determined is astronomical and not in consonance with the
settled proposition of law.
On the other hand, the learned Advocate for the
respondent submits that the Land Acquisition Court relied
upon all the documents as well as the evidence adduced by
the parties in arriving at the market price. It is further
submitted that to avoid the payment of compensation so
determined, the appellant has fancied to file the appeal.
It is no doubt true that the right of appeal is a statutory
right. The litigant, who felt aggrieved by a judgment and order,
may redress his grievance by taking shelter under the
statutory provision. While passing an order of stay of the
execution proceeding, the Court must strike a balance
between the rights of both the litigants.
In view of the above, we direct the appellant to deposit
the entire compensation amount so determined by the L.A.
Collector minus the amount determined by the Collector, if
already deposited with the Registrar General of this Court
within the last day of May 2021.
Upon the deposit of the said amount within the time
indicated hereinabove, there shall be a stay of all further
proceedings in connected Money Execution Case arising out
of L.A. Misc. Case No. 59 of 2010, pending before the First
Court of Additional District Judge, Hooghly till the disposal of
the instant appeal.
There shall be an unconditional order of stay of the
connected Money Execution Case arising out of L.A. Misc.
Case No. 59 of 2010, pending before the First Court of
Additional District Judge, Hooghly till the last day of May
2021.
The application being CAN 2 of 2018 (CAN 7621 of
2018) is thus disposed of.
In the event, the said amount is deposited within the
stipulated time, the Registrar General shall invest the same in
any nationalized bank in a short-term interest bearing account
and shall renew the same until further order to be passed in
the instant appeal.
In default, the order of stay shall automatically stand
vacated and the claimant shall be entitled to proceed with the
connected money execution case irrespective of pendency of
this appeal.
Let the Lower Court Record be called for by Special
Messenger at the cost of the respondent. The respondent
is directed to put in the Special Messenger Cost for bringing
the Lower Court Record within one week from date.
Upon deposit of such cost, Office shall bring the
Lower Court Record by Special Messenger within a week.
After arrival of the LCR, the department shall examine the
same and if found complete, shall put a seal in this regard.
The department shall ensure that the LCR arrives to this
court within one week from the date of deposit of the
Special Messenger Cost.
The appellant shall prepare eight copies of informal
paper books - printed, typewritten or cyclostyled, as the
case may be - out of court, within a period of eight weeks
from the date of service of notice of arrival of the Lower
Court Record. All other formalities relating to preparation of
Paper books are dispensed with.
It goes without saying that all the relevant documents
and papers which are required for adjudication of the
dispute in the appeal, shall be included in the paper book.
After the LCR is found complete, the department shall
serve a notice upon the learned Advocate for the appellant,
under Rule 12 Chapter IX of the Appellate Side Rules,
within a week therefrom.
Since the respondents have entered appearance
through Mr. Sukumar Bhattacharya, learned Advocate, the
appeal shall be treated ready as regard service.
After the completion of all the formalities, liberty is
granted to the respective parties to pray for early listing of
the matter for final disposal.
(Harish Tandon, J.)
(Kausik Chanda, J.)
