Calcutta High Court (Appellete Side)
The State Of West Bengal vs The Navadarsha Co-Operative ... on 29 September, 2021
29.09.2021 FAT 171 of 2021
with
court no. : 09
Item no. : PB-27 CAN 1 of 2021
matter : FAT
status : OP with
transcriber : nandy
CAN 2 of 2021
The State of West Bengal
Vs.
The Navadarsha Co-operative Housing Society
Mr. Soumitra Bandopadhyay, Advocate
Mr. Aniruddha Sen, Advocate
......for the Appellant
Mr. Debayan Bera, Advocate
Mr. Swapan Kumar Kar, Advocate
......for the Private Respondent
Re: CAN 1 of 2021 (Sec 5)
This is an application under Section 5 of the
Limitation Act praying for condonation of delay in
preferring the instant appeal against the judgment dated
November 19, 2019 passed by learned Additional District
Judge, Land Acquisition Court, Third Court, 24 Parganas
(North) at Barasat in L.R.A. Case No. 36 of 2018.
After perusing the averments made in the said
application and upon hearing the submissions advanced
by the learned counsel for the appellant, we are of the
view that the appellant was prevented by sufficient cause
for not preferring the appeal within the statutory period
prescribed therefor.
The application being CAN 1 of 2021 is thus
allowed. The delay in preferring the appeal is, hereby,
condoned.
The office is directed to formally register the appeal.
Re: CAN 2 of 2021 (Stay)
The application for stay is taken up for hearing.
This is an application for stay of operation of the
judgment and decree dated November 19, 2019 passed
by learned Additional District Judge, Land Acquisition
Court, Third Court, 24 Parganas (North) at Barasat in
L.R.A. Case No. 36 of 2018. The Land Acquisition Judge
by the said judgment has allowed the reference case
under Act II of 1948 by enhancing the compensation
awarded by the Land Acquisition Collector. Though the
appellant has prayed for stay of operation of the judgment
and decree, but we are informed by the learned advocate
on behalf of the respondent that in the meantime the said
judgment and decree has already been put into execution
giving rise to registration of LRA Execution Case No. 36
of 2018 before the Land Acquisition Court, Third Court,
24 Parganas (North) at Barasat. Since by the judgment,
the State has been directed to pay the amount as
indicated in the judgment and decree; a blanket order of
stay shall cause irreparable injury to the respondent, as
the respondents shall be deprived from enjoying the fruits
of the decree. As such the appellant is directed to deposit
the awarded amount of compensation together with
interest as indicated therein within a period of four weeks
from date with the Registrar General of this Court.
There shall be an unconditional order of stay of all
further proceedings of the aforesaid execution case for a
period of four weeks from date. In the event, the appellant
deposits the aforesaid amount within the time indicated
hereinabove, the order of stay shall continue till the
disposal of the appeal. In default, it is open to the
respondent to proceed with the said execution case.
The Registrar General is directed to invest the said
amount in any short term fixed deposit scheme with any
nationalized bank and shall continue to renew the same
time to time until further order/orders of this Court.
The application for stay being CAN 2 of 2020 is
thus disposed of.
Since the respondents have entered appearance
through Mr. Bera, by filing Vakalatnama vide filing no. A-
10057, the service of notice upon the respondents is
dispensed with.
Let the hearing of the appeal be expedited.
Let the Lower Court Records be called for through
the Special Messenger at the cost of the respondent.
Such costs shall be deposited within a week from date.
Immediately, after arrival of the Lower Court
Records, the office shall examine the same and, if found
complete, shall issue notice of arrival of Lower Court
Records on the learned Advocate for the respondent.
The respondent is directed to prepare and file
requisite number of informal paper books, printed,
typewritten or cyclostyled, as the case may be, out of
court, within six weeks from the date of service of notice
of arrival of Lower Court Records and shall file the same
after serving a copy thereof upon Mr. De, appearing for
the appellant.
All formalities regarding preparation of paper books
are dispensed with, but, the learned advocate for the
respondent is directed to incorporate all the relevant
documents in the informal paper books.
Immediately upon filing of the paper books, the
office shall put a seal that the appeal is ready for hearing.
Liberty to mention the appeal for hearing before the
appropriate Bench after the same becomes ready for
hearing.
(Harish Tandon, J)
(Bibek Chaudhuri, J.)
