D. C. B. BANK LIMITED Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Petitioner -Bank is grieving before the Writ Court against non-consideration of its representation dtd. 25/7/2022 a copy whereof avails at Annexure-G wherein it has requested the 2nd Respondent - SLAO to deposit the compensation amount to the loan account of 3rd Respondent - borrower, toward repayment that was secured by the mortgage of the property in acquisition. Learned counsel for the Petitioner vehemently argues that mortgage is one of the five traditional modes of transfer recognized by the provisions of the Transfer of Property Act , 1882 and therefore, his client has a vested interest in the subject property, which entitles it to the payment of compensation for its appropriation to loan account of the borrower. She expresses anguish against the 2nd Respondent in not considering her client's Representation in terms of Ss. 64 & 73 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(2.) After service of notice, the Respondent Nos. 1 & 2 are represented by the learned AGA and the 3rd Respondent - borrower who happens to be the mortgager, has chosen to remain unrepresented despite service of notice; however, that will not deter the Court from adjudging the cause brought before it, in accordance with law. Learned AGA contends that the Petitioner can approach the Civil Court for the redressal of its grievance since disputable fact matrix emanates from the case papers, writ remedy not being much suitable. Having so contended, he now fairly agrees to instruct his clients to look into the grievance of the Petitioner in accordance with law, should a reasonable timeline be prescribed and legal norms be stated.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, this Court is inclined to grant indulgence in the matter as under and for the following reasons: