(The State Of West Bengal & Anr vs Buddhadev Basu)
2022 Latest Caselaw 6046 Cal

    9
29.08.2022
 Ct. No. 32
   rrc


                                    FAT 141 of 2020
                                         with
                                     CAN 2 of 2021
                                         with
                                     CAN 3 of 2022


                         (The State of West Bengal & Anr. Vs.
                                 Buddhadev Basu)


                 Mr. Soumitra Bandyopadhyay
                                       ..... For the appellants

                 Mr. Partha Pratim Roy
                 Mr. Prabir Raj
                                                ..... For the respondent

The present appeal has been filed challenging judgment

and decree dated 20th September, 2019 and 1st October,

2019 respectively passed by learned Land Acquisition

Judge, Additional District Judge, 1st Court, Purba

Bardhaman in L.A. Case No. 31 of 2018.

In connection with the aforesaid appeal, an application

being CAN 3 of 2022 has been filed, inter alia, praying for

leave to deposit the enhanced amount of compensation as

directed by this Hon'ble Court by its order dated 28th

September, 2021.

Mr. Bandyopadhyay, learned advocate appearing in

support of the aforesaid application submits that the

enhanced compensation amount has been released by the

requiring body belatedly and that funds are presently

available for deposit with the Registrar General of this

Hon'ble Court.

Mr. Roy, learned advocate appearing for the

claimant/respondent objects to the quantum enhanced

compensation which the appellants seek to deposit. He,

however, does not object to the deposit of the enhanced

compensation belatedly.

We have heard the learned advocates appearing for the

respective parties and considering the averments made in

the application. We grant leave to the appellants to deposit

to the Registrar General of this Court the enhanced

compensation as directed by a co-ordinate Bench of this

Court on 28th September, 2021 within a period of two

weeks.

In the event the aforesaid deposit is made by the

appellants, the Registrar General shall invest the said

amount in a suitable interest bearing fixed deposit with

any nationalized bank of his choice and such deposit will

be kept renewed until disposal of the appeal.

We, however, make it clear that we have not considered

the quantum of the deposit to be made by the appellants as

disclosed in the application.

In the event there is any shortfall in deposit, it shall be

open to Mr. Roy's client to take appropriate steps in the

matter.

We, however, make it clear that upon deposit of the

aforesaid enhanced compensation as directed by the co-

ordinate Bench of this Court on 28th September, 2021, the

interim order passed earlier, shall be reinstated and shall

continue till disposal of the appeal.

The application being CAN 3 of 2022 is, accordingly,

disposed of.

On the prayer of Mr. Bandyopadhyay, the other

application being CAN 2 of 2021 is dismissed as

withdrawn.

(Raja Basu Chowdhury, J.) (Tapabrata Chakraborty, J.)