Chief Executive Officer And Anr vs Krishnaprasad Ghosh & Ors
2023 Latest Caselaw 4945 Cal

DL-17 wt18

10.08.2023
Court No.5
(AD)                          MAT 569 of 2023
                                     With
                            IA No.: CAN 2 of 2023

             Burdwan Development Authority, represented by the
                      Chief Executive Officer and Anr.
                                    Vs.
                       Krishnaprasad Ghosh & Ors.

                                     with
                              MAT 377 of 2023
                                     With
                            IA No.: CAN 1 of 2023

                       Krishna Prasad Ghosh & Ors.
                                    Vs.
                      The State of West Bengal & Ors.

                      Mr. Sardar Amjan Ali, Ld. Sr. Advocate
                      Mr. Tapas Kumar Dey
                      Mr. Navojit Mukherjee
                      Mr. Sourav Chatterjee

                                         ... for the appellants in MAT
                                         569 of 2023 and respondent

nos. 5 & 6 in MAT 377 of 2023.

Mr. Uttiya Ray ... ... for the appellants in MAT 377 of 2023 and respondent nos.1 to 4 in MAT 569 of 2023.

Mr. Kishore Datta, Ld. Sr. Advocate Ms. Sumita Shaw Mr. Riahad Meboob Mr. Meghajit Mukherjee

... for the Poddar Projects Limited.

Mr. Chandi Charan De, Ld. Addl. Government Pleader.

Mr. Anirban Sarkar ... for the State-respondents.

The appeals are taken up for consideration today.

Chairperson, Burdwan Development Authority (BDA)

is personally present in Court pursuant to the direction of

the Court.

Poddar Projects Ltd. is represented.

The land loser is also represented.

Learned Senior Advocate appearing for the Poddar

Projects Ltd. makes over letters issued between his client

and BDA with regard to the purchase of the land of the land

loser. He submits that, a valuation in terms of the order of

the High Court was obtained from the Registration Office

and the value of the land was found to be Rs.2,72,16,000/-,

which his client is ready and willing to tender to the BDA

for onward deposit to the Registrar General of this Court or

to purchase the land of the land loser.

Learned Senior Advocate appearing for the BDA

draws the attention of the Court to the letters issued by

BDA and in particular to a letter dated August 9, 2023. He

submits that the Chairperson is present in Court. Letter

dated August 9, 2023 was issued by the Chief Executive

Officer of BDA without consultation with the Chairperson of

the BDA. He submits that, henceforth the Chief Executive

Officer should be present in Court to explain the conduct of

BDA.

Learned Senior Advocate appearing for the Poddar

Projects Ltd. submits that, since his client is providing the

money for the purchase of the land of BDA, his client

should be allowed to adjust such amount from BDA.

We considered the rival contentions of the parties.

Land losers' immovable property was taken

possession of by BDA without paying any compensation in

respect thereof. A writ petition was filed. By the impugned

order, the Writ Court directed BDA to purchase the

immovable property concerned at the market value. Two

appeals were carried to this Court. Both the appeals were

dealt with by the judgment and order dated July 24, 2023.

The present proceedings are follow up of the

judgment and order of the July 24, 2023. Poddar Projects

Ltd. is at liberty to deposit the sum of Rs.2,72,16,000/-

with the BDA within ten days from date.

BDA in turn will deposit such amount with the

Registrar General of this Court within a fortnight from date.

BDA is at liberty to pay the amount of Rs.2,72,16,000/- as

full and final consideration for the immovable property

belonging to the land losers, on execution of deed of

conveyance within the prescribed period of fortnight from

date, for the deposit of the money with the Registrar

General. In the event, the deed of conveyance is so

executed, then, obviously BDA need not deposit the amount

with the Registrar General. Payment of such consideration

to the land loser will be sufficient compliance of our order.

The issue with regard to appropriation or adjustment

of the amount between Poddar Projects Ltd. and BDA is

kept open to be decided by an appropriate forum. So also

the contention of the Chairperson of BDA that the letter

dated August 9, 2023 was issued by the Chief Executive

Officer, BDA without consulting the Chairperson, is also

kept open.

State is represented.

Learned Senior Advocate appearing for the Poddar

Projects Ltd. submits that, upon completion of the

conveyance, State should record the name of BDA in the

record of rights.

On a query from the Court, learned Advocate for the

State submits, on instructions, that, State will not object

thereto.

In the event, the order is worked out, the

Chairperson, BDA need not be present on the returnable

date.

List the matter three weeks hence.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)