Burdwan Development Authority & ... vs Krishnaprasad Ghosh & Ors
2023 Latest Caselaw 6628 Cal

Dd   12-13   29.09.2023

                                     MAT 569 of 2023
                                           with
                                  I.A NO: CAN 2 of 2023
                          Burdwan Development Authority & Anr.
                                           Vs
                             Krishnaprasad Ghosh & Ors.
                                          With
                                     MAT 377 of 2023
                                 I.A NO: CAN 1 of 2023

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


                    Mr. Tapas Kumar Dey,
                    Mr. Sourav Chatterjee, Advocates
                            ... ... For the Appellants in MAT 569/2023
                                       Respondents nos. 5 & 6 in

MAT 377 of 2023

Mr. Rishad Medora, Mr. Meghajit Mukherjee, Ms. Priyanka Sharmam. Advocates ... ... For the Poddar Projects Ltd.

Mr. Chandi Charan De, AGP Mr. Anirban Sarkar, Advocates ... ...For the State Mr. Uttiya Ray, Mr. Arnab Mondal, Advocates ... for the applicants in MAT 377 of 2023 and respondent nos. 1 to 4 in MAT 569 of 2023

On September 21, 2023, it was submitted on behalf of Burdwan Development Authority (BDA) that they were taking steps to get the deed registered.

On such submission, the Registrar General was directed to encash the Fixed Deposit on premature

basis and to make over the proceeds towards purchase price of the land in question.

Court is informed that the Registrar General encashed the Fixed Deposit and prepared the draft in favour of the persons entitled thereto.

Today, learned advocate appearing for the BDA submits that, BDA applied to the State Government on September 22, 2023 for grant of special power for executing the deed of registration with the State Government.

Learned advocate appearing for the BDA also refers to a letter dated September 27, 2023, by which, BDA instructed him to prefer a review petition against order dated July 24, 2023 and September 21, 2023.

Instead of repeating the entire factual scenario with regard to the matter, it would be appropriate to refer to our judgment and order dated July 24, 2023 and our order dated August 4, 2023 and the subsequent orders thereafter. BDA, at all stages, accepted the title of the private respondents to the properties concerned. BDA took over the possession of the property concerned from the petitioners and made over the same to Poddar Projects Limited (PPL).

BDA on one pretext or the other is refusing to execute the deed of conveyance.

The PPL is in possession of the properties belonging to the private respondents.

Possession of the property was not taken by BDA or PPL in accordance with the law.

Learned trial Judge by the impugned judgment and order directed BDA to purchase the property.

PPL and BDA were parties to the suit for declaration of title filed at the behest of the private respondents where title was declared.

The conduct of BDA in the matter requires consideration as to the involvement PPL and the officials of BDA.

BDA will disclose the date on which, the possession of the property was made over to PPL. BDA will disclose the process by which, PPL was identified for the purpose of making over possession of the property of the private respondents. It will disclose the composition of BDA as on the date of taking the decision of making over possession to PPL. PPL will disclose its annual returns, composition of shareholders and Board of Directors from the date it participated in the selection process with BDA. It will also disclose that if there is any relationship between any shareholders or Board of Directors of PPL with any persons of BDA, in any manner whatsoever.

Given the conduct of the BDA, it would be appropriate to freeze the salary of the Chief Executive Officer-in-charge of BDA. BDA will also not disburse any emoluments to any of the Board members until further orders of the Court.

List the matters on October 5, 2023.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)