Ors vs Board Of Trustees For The Port
2023 Latest Caselaw 2633 Cal/2

OD - 2

                            APO/123/2020

                  IN THE HIGH COURT AT CALCUTTA
                   Civil Appellate Jurisdiction
                          ORIGINAL SIDE


                                  THE STATE OF WEST BENGAL AND
                                  ORS.
                                           -Versus-

                                  BOARD OF TRUSTEES FOR THE PORT
                                  OF KOLKATA AND ORS.

BEFORE :
THE HON'BLE JUSTICE DEBANGSU BASAK
          And
THE HON'BLE JUSTICE MD. SHABBAR RASHIDI
Date : 19th September, 2023
                                                                  Appearance :
                                                      Mr. Samrat Sen, Sr. Adv.
                                           Mr. Sirsanya Bandopadhyay, Adv.
                                                         Mr. Indranil Ray, Adv.
                                                   Mr. Arka Kumar Nag, Adv.
                                                       Mr. Paritosh Sinha, Adv.
                                                    Mr. Arindam Mondal, Adv.
                                                     ...for the appellant/State.

                                                  Mr. Abhrajit Mitra, Sr. Adv.
                                                          Mr. Pranit Bag, Adv.
                                                     Mr. Snehashis Sen, Adv.
                                                 Mr. Abhishek Banerjee, Adv.
                                                   ...for the respondent no.1.

Mr. Alak Kumar Ghosh, Adv.

Mr. Dilip Kumar Chatterjee, Adv.

...for the respondent no.3.

The Court : The appeal is directed against a judgment and

order dated August 10, 2020 passed by the learned single Judge.

The issues involve, inter alia, a notice dated October 5,

2018 issued by the competent authority exercising jurisdiction

under the provisions of West Bengal Escheats and Forfeitures

Act, 2012.

Wholly without prejudice to the rights and contentions of

the respective parties to the appeal, it would be appropriate

to direct Kolkata Municipal Corporation (KMC) to prepare a

drawn to scale site plan of the properties involved in the

proceedings under the Act of 2012 vis-à-vis the settlement map.

The State and Kolkata Port Trust (KoPT) authorities are given

liberty to be represented at the time when such exercise is

undertaken by KMC. KMC shall undertake such exercise, needless

to say, upon notice to the State and KoPT authorities.

Independent of the exercise undertaken by KMC, KoPT

authorities are at liberty to prepare a site plan in respect of

properties involved and made subject-matter of the proceedings

under the Act of 2012.

It is expected that both the site plans prepared by KMC

and KoPT contain appropriate delineated areas with regard to

the claim of vesting or other claims of the rival parties.

List the appeal on October 3, 2023.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.) A/s.