Collector vs M/S Free India Dry Accumulators
2022 Latest Caselaw 1943 Cal

43   11.4.2022
Sc    Ct. no.8
                                       FAT 529 OF 2019
                                              with
                                    I. A. No. CAN 2 OF 2019
                                    (Old No. CAN 11983 OF 2019)
                                             --------------

The State of West Bengal represented by the Collector, North 24-Parganas at Barasat

Vs.

M/s Free India Dry Accumulators Limited & Anr.

Mr. Susovan Sengupta Mr. Subir Pal.

... For the Appellant/ Applicant Mr. Debayan Bera Mr. Sakti Prasad Chakrabarti.

... For the Respondent No.1/Referring Claimant

The Secretary, Calcutta High Court Legal Services

Committee has acknowledged receipt of the costs

awarded on 22nd March, 2022.

Re : I. A. No. CAN 2 OF 2019 (Old No. CAN 11983 OF 2019)

------

The appeal is arising out of a reference under

Section 8 of the West Bengal Land (Requisition and

Acquisition) Act, 1948. The appellant is the State.

The appellant has prayed for a stay of operation of

the judgment and order passed by the learned Judge,

Land Acquisition, 3rd Court, Barasat on 19th November,

2018 upon depositing the entire decreetal amount with

interest till 31st March, 2022 with the Registrar General

within two weeks from date.

There shall be unconditional stay of operation of

the judgment and award for two weeks from date and in

the event such amount is deposited in terms of this order,

the impugned order shall remain stayed till the disposal

of the appeal.

Learned advocate representing the award holder

has prayed for withdrawal of the amount to be deposited

by the appellant in terms of this order.

Liberty is granted to the award holder to apply for

withdrawal of the amount after the same is deposited.

The application for stay being I.A. No. CAN 2 of

2019 (Old No. CAN 11983 of 2019) stands disposed of.

Re : FAT 529 OF 2019

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Since the respondent no. 1 is represented, service

of notice of appeal on the respondent no. 1 is dispensed

with. The appeal shall be treated as ready for hearing as

regards the respondent no. 1.

The respondent no. 2 is not represented. Requisites

be put in by the appellant for service of notice of appeal

on the respondent no. 2, within a week from date.

The appellant shall deposit special messenger costs

by 21st April, 2022 for facilitating transmission of the

lower court records from the Court of Land Acquisition,

Barasat, 3rd Court, North 24-Parganas to this Court.

As soon as the lower court records arrive, office

shall examine the same and if found complete, it shall

serve notice of arrival of the lower court records upon Mr.

Susovan Sengupta, learned advocate so that the

appellant can file requisite number of informal paper

books - printed, typewritten or cyclostyled incorporating

all papers used before the court below, within two weeks

thereafter.

Copy of the paper books shall be served on the

learned advocates for the respondents immediately after

the paper books are filed in the department.

As soon as the paper books are filed and served on

the respondents, the appellant shall be at liberty to

mention the appeal for hearing.

We make it clear that the above directions are

peremptory.

(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)