Burdwan Development Authority & ... vs The State Of West Bengal & Ors
2023 Latest Caselaw 4048 Cal

Dd   11   03.07.2023

                                        MAT 174 of 2023
                                              with
                                     I.A NO: CAN 1 of 2023

                          Burdwan Development Authority & Anr.
                                           Vs.
                             The State of West Bengal & Ors.


                       Mr. Tanmoy Mukherjee,
                       Mr. Falguni Majhi,
                       Mr. Arindam Chatterjee, Advocates
                                     ... ... For the Petitioner

                       Mr. Manik Roy, Advocate
                                     ... ... For the NHAI

                       Mr. Uttiya Ray, Advocate
                                ... ... For the writ petitioner/respondent

Mr. Chandi Charan De AGP Mr. Sadhan Halder, Advocates ... ... For the State

In re : I.A NO: CAN 1 of 2023

The appeal is directed against the judgment and order dated September 30, 2022 by which, the learned Judge was pleased to find that the acquisition proceedings stood lapsed.

Learned advocate appearing for the appellants submits that, the appeal is required to be heard. He submits that during the pendency of the appeal, the parties should not change the nature and character of the properties under acquisition so as to cause any prejudice to any of the parties.

State, National Highway Authority of India and the private respondents are represented.

In the facts and circumstances of the present case, it would be appropriate to permit the appellants to file informal paper books in course of one week from date.

The Court is also informed that the State intends to prefer an independent appeal from the impugned order.

In such circumstances, list the appeal two weeks hence.

Apparently, acquisition proceedings were initiated in respect of immovable properties. It would be appropriate for the parties involved in the proceedings to maintain status quo with regard to the nature, character and title of the immovable properties involved in the acquisition proceedings till disposal of the appeal.

I.A NO: CAN 1 of 2023 is disposed of.

(Debangsu Basak, J.)

(Rai Chattopadhyay, J.)