Hooghly vs Sri Sabitri Banerjee
2022 Latest Caselaw 4048 Cal

07.07.2022
 Ct. No. 32
 S.R./01


                               FAT 271 of 2020
                                      +
                          IA No.: CAN 1 of 2020 [Stay]
                                     and
                             CAN 2 of 2022 [Sec. 5]

                    The State of West Bengal represented by
                        the Land Acquisition Collector,
                                   Hooghly
                                     - Vs -
                              Sri Sabitri Banerjee


                 Mr. Soumitra Bandyopadhyay,
                 Mr. Aniruddha Sen
                                .... for the Appellant.

                 Mr. Ayan Banerjee
                 Mr. Soumo Chaudhury
                 Mr. Suman Banerjee
                 Ms. Debjani Sengupta
                               ..... for the Respondent.

We dictated an order in the present appeal on 6th

July, 2022. However, when the said order was placed for

our signatures, certain doubts that had cropped up in

our mind required to be dispelled and for such reason,

without signing the order, verbal directive was issued for

listing the application once again under the heading 'To

Be Mentioned' today. Upon hearing the parties today,

the unsigned order dated 6th July, 2022 is recalled and

matter is taken up for hearing afresh.

Re: CAN 2 of 2020

Records reveal that there has been a delay of seven

days in preferring the present appeal against the

judgment dated 26th November, 2019 passed by the

learned Judge, Land Acquisition Tribunal-cum-

Additional District Judge, 1st Court, Hooghly Sadar at

Chinsurah.

Mr. Sen, learned advocate appearing for the

appellant/State submits that there had been no

intentional delay on the part of the State to prefer the

present appeal.

Mr. Banerjee, learned advocate appearing for the

respondent/claimant submits that though the appeal

was filed in the month of October, 2020, the application

for Section 5 has been filed in the month of June, 2022.

It is only after the date was fixed for attachment, steps

were taken to file the application for condonation of

delay.

Considering the averments made in the application

for condonation of delay, we are satisfied with the

explanation given towards the delay in preferring the

present appeal. The dismissal of appeal at this stage on

the ground of delay would cause serious prejudice to the

State.

We, therefore, condone the delay and allow the

application for condonation of delay.

The application being CAN 2 of 2022 is, accordingly,

disposed of.

Re: CAN 1 of 2020

Heard the learned advocates and considered the

averments made in the application for stay.

The State is directed to deposit the entire decretal

amount, as determined by the learned Judge, Land

Acquisition-cum-Additional District Judge, 1st Court,

Hooghly Sadar at Chinsurah on 26th November, 2019 to

the Registrar General, High Court, Calcutta within a

period of four weeks from date.

In the event such decretal amount is deposited, 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.

There shall be an unconditional stay of all further

proceedings of the Land Acquisition Execution Case No.

04 of 2020 pending before the Additional District Judge,

1st Court, Hooghly Sadar at Chinsurah for a period of

four weeks from date.

In the event, the decretal amount is deposited within

the aforesaid period, the order of stay shall continue till

the disposal of the appeal.

In the event, the decretal amount is not deposited

within the aforesaid period, the claimant shall be entitled

to execute the decree.

The application for stay being CAN 1 of 2020, is,

accordingly disposed of.

As Mr. Banerjee, learned advocate has entered

appearance on behalf of the respondent/claimant, service

of notice of appeal upon the said respondent is dispensed

with.

Lower Court Records be called for through Special

Messenger at the cost of the appellant. Such costs shall

be deposited within two weeks 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 to the learned advocates appearing for the

appellant and the respondent.

The appellant is directed to prepare 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 to file the same after serving a

copy upon the Mr. Banerjee.

All formalities regarding preparation of paper books

are dispensed with but Mr. Sen, learned advocate for the

appellant is directed to incorporate all the relevant

documents in the informal paper books.

Liberty to mention.

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