Hooghly vs Smt. Lilabati Das
2023 Latest Caselaw 1099 Cal

09.02.2023
 Ct. No. 32
 S.R/06


                                FAT 276 of 2020
                                     with
                                 CAN 3 of 2022

                     The State of West Bengal represented by
                         the Land Acquisition Collector,
                                   Hooghly
                                     - Vs -
                                Smt. Lilabati Das


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

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

In re: CAN 3 of 2022

This is an application praying for withdrawal of 50%

of the decreetal amount as deposited by the appellant in

compliance with the order dated 7th July, 2022 passed by

a coordinate Bench of this Court, without furnishing any

security.

Mr. Banerjee, learned advocate appearing for the

respondent/claimant submits that by reason of

acquisition of the concerned land, the applicant's right to

livelihood has been adversely affected and there is no

possibility towards early disposal of the appeal and the

applicant is an aged person and is suffering from various

old aged ailments. She is facing extreme financial

stringency and as such, she may be allowed to withdraw

50% of the decreetal amount, as deposited by the

appellant pursuant to the order passed on 7th July, 2022.

In support of such contention, he placed reliance upon a

judgment delivered in the case of Nayara Energy Limited

-vs- State of Gujarat & Ors., reported in AIR 2021 SC 520.

Mr. Sen, learned advocate appearing for the appellant

opposes the claimant's/applicant's prayer and submits

that the appellant has a fair chance of success in the

appeal and hence, it would be proper to grant liberty to

the applicant to withdraw such amount.

Answering our query, Mr. Sen submits that in terms

of the earlier order dated 7th July, 2023, an amount of

Rs.43,09,071/- has been deposited, which is lying with

the learned Registrar General, High Court Calcutta.

Heard the learned advocates appearing for the

respective parties and considered the materials on

record.

In such sequence of facts and balancing the equities

between the parties, we are of the opinion that the liberty

can be given to the applicant to withdraw 50% of the

amount as deposited by the appellant.

Accordingly, we direct the learned Registrar General

to issue a bank draft of 50% of the amount deposited by

the appellant, to the applicant upon encashing the term

deposit and on proper identification, within two weeks

from date and the Registrar General shall re-invest the

remainder amount in a short term interest bearing fixed

deposit in any nationalized bank of his/her choice to be

renewed from time to time till the disposal of the appeal,

however, subject to any further order that may be passed

by this Court.

The application being CAN 3 of 2022 is, accordingly,

disposed of.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)