Rupa & Co Ltd. & Anr vs Mr. Firhad Hakim & Ors
2023 Latest Caselaw 1980 Cal

 ASR 1-3.
24.3.2023


                  CPAN 88 of 2023

               Rupa & Co Ltd. & Anr.
                       Vs.
               Mr. Firhad Hakim & Ors.
                       In
                 FMA 299 of 2019
                       With
                 CPAN 1453 of 2022
                       With
                  CPAN 384 of 2021
               Rupa & Co. Ltd. & Anr.
                        Vs.
                 Debasish Sen & Ors.


                Mr. Jishnu Saha
                Mr. Arindam Banerjee
                Mr. Tanmoy Agarwal
                 Mr. Sandip Agarwal

                       ........Advocates for the petitioners

                 Mr. Jishnu Chowdhury
                 Mr. Chayan Gupta
                Mr. Sandip Dasgupta
                Mr. Saaquib Siddique
                 Mr. Aviroop Mitra

                          ........Advocates for the contemnors


                  We have heard learned counsel for the

            parties.

                  Mr. Jishnu Chowdhury, learned Advocate

            appearing for the alleged contemnor nos. 1-6

            shows us the correspondence exchanged between

            West Bengal Housing Infrastructure Development

            Corporation Limited and the Government of West

            Bengal.
                              2




        It     appears      that   compliance    with    our

judgement and order dated 10th February, 2020 is

now dependent on the terms of approval of the

said Cabinet.

        According to the terms and condition of

their service the alleged contmnors can only

execute the conveyance upon approval and on the

terms of approval by the Cabinet. The alleged

contemnors are ready and willing to do so,

subject to the above condition.

        The letter of the department of Urban

Development and Municipal Affairs, Government

of West Bengal dated 2nd December, 2022 to the

respondent corporation, reveals that the Cabinet

has approved the execution of conveyance by the

said corporation on 25th November, 2022 but

"subject to the condition that present market

price will have to be realized".

The decision of the Cabinet is not before us.

If this is actually the decision of the Cabinet

prima facie, it appears to be prima facie

absolutely contrary to our said order dated 10th

February, 2020.

The operative part of the said order is set

out below:

"For those reasons, the appeal

and the writ succeed. The decision

taken in the 67th Meeting of the Board of

Directors of HIDCO on 30th April, 2011

the letter of HIDCO dated 24th August,

2012, 6th December, 2012 and 14th

January, 2013 are set aside. The appeal

(FMA 299 of 2019) is allowed. The

impugned judgment and order dated 7th

March, 2019 is set aside.

No Order as to costs."

The relevant prayer (g) of the writ petition is

also set out below:

(g) A Writ of or in the nature of

Mandamus and/or order or orders and/or

direction or directions of like nature

commanding the respondents to

forthwith execute and register the deed

of sale/conveyance for sale of 30 cottahs

of land bearing Plot No. 11E/17 within

sub-CBD of AA-IID of New Town, Kolkata

in favour of the petitioner No. 1 on

freehold basis in terms of the letter of

allotment being No. M-1343/2010 dated

6th April, 2011 being annexure "P-1"

hereto;

It is plain from the above that the

conveyance had to be executed for a

consideration according to the letter of allotment

dated 6th April, 2011.

In those circumstances, at this point of

time, we direct the following:

(a) Let the Cabinet decision in a sealed cover be

produced before us at the next date of hearing;

(b) Let a copy of the contempt petition be served

on all the alleged contemnors;

(c) Let copies of all orders passed in connection

with it be served upon each and every member of

the Cabinet;

The Cabinet is given a chance to revise its

decision as communicated by the said letter

dated 2nd December, 2022.

The Advocate-on-record for the petitioner

shall effect the above service on the members of

the Cabinet.

List this application on an available day

for this bench in May, 2023.

( I. P. Mukerji,J.)

(Md. Nizamuddin,J)