Calcutta High Court (Appellete Side)
The State Of West Bengal vs Md. Ali & Ors on 19 September, 2022
19.09.2022
SL No.12-27
Court No.8
(gc)
FAT 180 of 2014
CAN 1 of 2014 (Old No: CAN 9930 of 2014)
CAN 2 of 2015 (Old No: CAN 1430 of 2015)
The State of West Bengal
Vs.
Md. Ali & Ors.
With
FAT 149 of 2015
CAN 1 of 2015 (Old No: CAN 3725 of 2015)
CAN 2 of 2015 (Old No: CAN 3729 of 2015)
The State of West Bengal
Vs.
Asmat Ali & Ors.
With
FAT 150 of 2015
CAN 1 of 2015 (Old No: CAN 3726 of 2015)
CAN 2 of 2015 (Old No: CAN 3730 of 2015)
The State of West Bengal
Vs.
Pabitra Bhangi & Ors.
With
FAT 198 of 2014
CAN 1 of 2014 (Old No: CAN 9932 of 2014)
CAN 2 of 2015 (Old No: CAN 1434 of 2015)
The State of West Bengal
Vs.
Akiram Bibi & Ors.
With
FAT 199 of 2014
CAN 1 of 2014 (Old No: CAN 9931 of 2014)
CAN 2 of 2015 (Old No: CAN 1435 of 2015)
The State of West Bengal
Vs.
Rani Bhangi & Ors.
With
FAT 200 of 2014
CAN 1 of 2014 (Old No: CAN 10577 of 2014)
CAN 2 of 2015 (Old No: CAN 1436 of 2015)
The State of West Bengal
Vs.
Nazir Hossain & Ors.
2
With
FAT 201 of 2014
CAN 1 of 2014 (Old No: CAN 10578 of 2014)
CAN 2 of 2015 (Old No: CAN 1760 of 2015)
The State of West Bengal
Vs.
Ali Hossain & Ors.
With
FAT 203 of 2014
CAN 1 of 2014 (Old No: CAN 11021 of 2014)
CAN 2 of 2015 (Old No: CAN 1761 of 2015)
The State of West Bengal
Vs.
Abdul Kasem & Ors.
With
FAT 204 of 2014
CAN 1 of 2014 (Old No: CAN 11022 of 2014)
CAN 2 of 2015 (Old No: CAN 1762 of 2015)
The State of West Bengal
Vs.
Tarak Bhangi & Ors.
With
FAT 205 of 2014
CAN 1 of 2014 (Old No: CAN 11023 of 2014)
CAN 2 of 2015 (Old No: CAN 1763 of 2015)
The State of West Bengal
Vs.
Babur Ali & Ors.
With
FAT 206 of 2014
CAN 1 of 2014 (Old No: CAN 11024 of 2014)
CAN 2 of 2015 (Old No: CAN 1765 of 2015)
The State of West Bengal
Vs.
Biswajit Bhangi & Ors.
With
FAT 207 of 2014
CAN 1 of 2014 (Old No: CAN 11025 of 2014)
CAN 2 of 2015 (Old No: CAN 2746 of 2015)
The State of West Bengal
Vs.
Angur Bala Bhangi & Ors.
3
With
FAT 208 of 2014
CAN 1 of 2014 (Old No: CAN 11396 of 2014)
CAN 2 of 2015 (Old No: CAN 2748 of 2015)
The State of West Bengal
Vs.
Sukur Ali & Ors.
With
FAT 215 of 2014
CAN 1 of 2014 (Old No: CAN 11397 of 2014)
CAN 2 of 2015 (Old No: CAN 2749 of 2015)
The State of West Bengal
Vs.
Jahida Khatoon (Khatun) & Ors.
With
FAT 216 of 2014
CAN 1 of 2014 (Old No: CAN 11399 of 2014)
CAN 2 of 2015 (Old No: CAN 2751 of 2015)
The State of West Bengal
Vs.
Chattar (Sattar) Ali Mondal & Ors.
With
FAT 217 of 2014
CAN 1 of 2014 (Old No: CAN 11400 of 2014)
CAN 2 of 2015 (Old No: CAN 2752 of 2015)
The State of West Bengal
Vs.
Ajmira Bibi & Ors.
Mr. Sirsanya Bandopadhyay,
Ms. Tapati Samanta,
...for the Appellant/State.
Mr. Debayan Bera,
Mr. Sakti Prasad Chakrabarti,
...for the Respondent.
These appeals are arising out of a common
judgment and order passed by the learned Land
Acquisition Judge, 3rd Court, Barasat, North 24-
Parganans in connection with L.A. Case Nos.2 of 2000 to
17 of 2000.
The learned Special Judge allowed the said
reference in part on contest by enhancing the value of
land per cottah with certain additional and consequential
benefits. The award was passed on 30th November, 2012.
All these appeals save and except, FAT 149 of 2015 and
FAT 150 of 2015 were filed little over one year after the
expiry of the period of limitation. In all these matters, the
delay was little over 365 days. However, in respect of FAT
149 of 2015 and FAT 150 of 2015, Mr. Sirsanya
Bandopadhyay, learned Counsel for the State has
candidly submitted that the delay is of little over two
years, although wrongly mentioned as little over one year.
He has filed supplementary affidavit that is taken on
record.
In the applications for condonation of delay, it is
stated that the proposal for filing the appeals was sent to
the Additional Land Acquisition Officer, North 24-
Parganas to the Joint-Secretary to the Government of
West Bengal, Department of Land and Land Reforms on
14th January, 2013 and, thereafter, the file was processed
at various levels and the opinion of the Legal
Remembrancer, Government of West Bengal was obtained
on 20th August, 2013. Thereafter an Advocate was
engaged on 7th October, 2013 to prepare the draft
application which ultimately was finalized on 5th March,
2014. It was stated that copies of the statement of claim
were not readily traced out and this has caused some
delay in finalizing the draft and in preferring the appeal.
Mr. Bandopadhyay has submitted that unless the
delay is condoned, the appellants would be prevented
from arguing the matters on merits. It is very candidly
submitted that undoubtedly there has been some delay in
preferring the appeals but it was completely unintentional
and having regard to the fact that the sanction is required
at every stage, the Court may take a lenient view in this
regard and allow this application on any condition that
may be found suitable.
Mr. Debayan Bera, learned Counsel appears on
behalf of some of the respondents and submits that
during the pendency of the appeal, some of the award-
holder may have already realized the decreetal amount
and insofar as the condonation of delay is concerned, the
learned Counsel has fairly left it to the discretion of the
Court.
We have carefully considered the award under
challenge and the explanations offered in Paragraph 14 of
one of the applications being CAN 1 of 2014 (Old No: CAN
9930 of 2014). All other applications have similar and/or
same explanations. Keeping in mind that ordinarily the
State would not benefit by lodging the appeal late and the
delay is not of magnitude which, if allowed, would cause
serious prejudice to the award-holder, we are minded to
take a lenient view having regard to the fact that decisions
of the appellants are collective and institutional and do
not share the characteristics of private individuals. Hence
we allow the applications for condonation of delay upon
payment of cost of Rs.25,000/- each to be paid to the
State Legal Services Authorities. Out of the aforesaid
amount, half of the amount shall be earmarked for
Juvenile Justice and the rest amount shall be utilized for
the costs, charges and expenses of the Calcutta High
Court Legal Services Committee towards monthly Lok
Adalat and for meeting various other expenses including
for maintaining the front office within one week from date.
There shall be an unconditional stay of the
execution proceeding arising out of award cases for a
period of one week from date. However, in the event the
said cost is paid within one week from date, execution of
the award cases shall remain stayed till 10th November,
2022 or till the disposal of the stay petition, whichever is
earlier.
Accordingly, the applications for condonation of
delay being CAN 1 of 2014 (Old No: CAN 9930 of 2014) in
FAT 180 of 2014, CAN 1 of 2015 (Old No: CAN 3725 of
2015) in FAT 149 of 2015, CAN 1 of 2015 (Old No: CAN
3726 of 2015) in FAT 150 of 2015, CAN 1 of 2014 (Old No:
CAN 9932 of 2014) in FAT 198 of 2014, CAN 1 of 2014
(Old No: CAN 9931 of 2014) in FAT 199 of 2014, CAN 1 of
2014 (Old No: CAN 10577 of 2014) in FAT 200 of 2014,
CAN 1 of 2014 (Old No: CAN 10578 of 2014) in FAT 201 of
2014, CAN 1 of 2014 (Old No: CAN 11021 of 2014) in FAT
203 of 2014, CAN 1 of 2014 (Old No: CAN 11022 of 2014)
in FAT 204 of 2014, CAN 1 of 2014 (Old No: CAN 11023 of
2014) in FAT 205 of 2014, CAN 1 of 2014 (Old No: CAN
11024 of 2014) in FAT 206 of 2014, CAN 1 of 2014 (Old
No: CAN 11025 of 2014) in FAT 207 of 2014, CAN 1 of
2014 (Old No: CAN 11396 of 2014) in FAT 208 of 2014,
CAN 1 of 2014 (Old No: CAN 11397 of 2014) in FAT 215 of
2014, CAN 1 of 2014 (Old No: CAN 11399 of 2014) in FAT
216 of 2014, CAN 1 of 2014 (Old No: CAN 11400 of 2014)
in FAT 217 of 2014 stand disposed of.
The appeals and the stay applications shall be listed
on 3rd November, 2022.
The parties shall also explore the possibility of all
the matters being settled in the National Lok Adalat
scheduled to be held on 12th November, 2022.
Mr. Debayan Bera, learned Counsel submits that
his junior, Mr. Sakti Prasad Chakraborti, Advocate
undertakes to file Vakalatnama on behalf of the
respondents within 10 days from date.
The affidavit of service filed in Court is kept with the
record.
A copy of this order shall be forwarded to the
Secretary, SLSA, Secretary, Calcutta High Court Legal
Services Committee and the Member Secretary of Juvenile
Justice Committee for information and record.
(Uday Kumar, J.) (Soumen Sen, J.)
