Managing Director vs Chayemali Mondal & Ors
2022 Latest Caselaw 7400 Cal

27. 07.11.2022 Ct. No.6 Tanmoy

F.M.A. 95 of 2017

Managing Director, WBHIDCO, HIDCO BHAVAN

-Versus-

Chayemali Mondal & Ors.

With IA No: C.A.N. 1 of 2017 (Old No: C.A.N. 1180 of 2017)

Mr. Ashok Kr. Banerjee, Ld. Sr. Adv., Mr. Debabrata Banerjee, Adv. Mr. Samir Kr. Chakraborty, Adv.

...for the appellant.

Mr. Supratim Dhar, Adv., Mr. Shayak Chakraborty, Adv.

...for the State.

A judgment and order dated July 11, 2016, whereby

W.P. No. 8177(W) of 2016 was disposed of, is under

challenge in this appeal.

In the impugned judgment it is, inter alia, stated as

follows:-

"Report in the form of an affidavit states that the plot-in- question - measuring approximately 4 - decimal was acquired long ago. However, no compensation has been paid nor unclaimed compensation amount deposited before the competent forum. Unless the State can demonstrate that it followed due process of law, it cannot claim any right over the plot-in-question, which, as of today, remains in possession of the petitioner.

The writ petition stands disposed of accordingly. Disposal of this writ petition shall, however, cause no prejudice to the rights of the State to take further steps in accordance with law."

Let the State produce the records of the case so that

it can be ascertained whether or not any unclaimed

compensation amount was deposited with the appropriate

Authority.

List the matter on November 23, 2022.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)