MAT/569/2023
2023 Latest Caselaw 4764 Cal

 21 & 22
o4.08.2023
                                  MAT 569 of 2023
KAUSHIK                              CAN 2 of 2023
                                         With
                                    MAT 377 of 2023
                                     CAN 1 of 2023




             Mr. Sardar Amjad Ali,
             Mr. Tapas Kumar Dey,
             Mr. Navojit Mukherjee,
             Mr. Sourav Chatterjee
                               ... for the appellant in MAT 569 of 2023
                                                         &
                                respondent nos. 5 & 6 in MAT 377 of 2023.

Mr. Chandi Charan De, Mr. Anirban Sardar ... for the State in MAT 569 of 2023.

Two appeals were considered and directions

passed in respect thereof on July 24, 2023.

Burdwan Development Authority (BDA) took

possession of plots belonging to Krishnapada Ghosh and others.

No proceedings were undertaken for the purpose of taking

possession of the land concerned. Learned Trial Judge

directed BDA to purchase the immovable property. Two

appeals were preferred for the impugned judgment of the

learned Trial Judge. One appeal was at the behest of the

BDA and the other at the behest of the land losers. We

issued directions in both the appeals to the effect that BDA

should complete the purchase of the immovable property

concerned within a specified time. In default, the Chairperson

of BDA was directed to be present in Court.

So far as the land losers are concerned, we

granted liberty to the land losers to file a civil suit for the

purpose of occupation charges during the period, when BDA

took over possession till the date of the conveyance.

Chairperson is personally present in court pursuant

to the order dated July 24, 2023. In course of hearing of the

matter, it transpires that the BDA made over possession of

the plots concerned to a private party.

BDA is yet to conclude the conveyance. BDA is

presently raking up the issues as to identification of the land

concerned as ruses for the non-execution of the conveyance.

Land is identified as will appear both from

materials placed on record as also the order of the learned

Trial Court. The stand taken by BDA is outright dishonest.

The property belongs to a citizen. BDA took over possession.

BDA never paid occupational charges.

BDA is taking the shelter of the utilization of the

property for public purpose. However, BDA made over

possession to a private party.

In such circumstances, it would be appropriate to

direct BDA to issue notice to the private party to which, it

claims it leased the property in question informing them as to

the pendency of the appeal. Such private party shall be

present on the next date.

BDA will file an affidavit through the Chairperson

detailing the bank accounts of BDA, the documents relating to

the transfer to the private party in respect of the property

concerned, the process for identification of the private party,

the assets available to BDA, the staff strength of BDA, the

expenditures of BDA and the balance-sheet of BDA, if there

be any, on the next date.

Let such details be furnished before the next

date.

List the appeals on August 8, 2023, when the

Chairperson will remain present.

Supplementary affidavit filed on behalf of BDA be

taken on record.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)