LINA DATTA Vs. SUKUMAR BERA

JUDGEMENT

(1.) The original writ petition, i.e. WP 12043 (W) of 2013 (for short referred to as the writ petition), relates to a piece and parcel of land bearing Kolkata Municipal Premises No. 253C Netaji Subhash Chandra Road, Kolkata-700047 (hereinafter referred to as the said land).

(2.) The writ petitioner, being the owner of the said land, was aggrieved by the continued occupation of the said land by the State of West Bengal (for short the State) without being authorized by law to do so. Accordingly, the relief of compensation and damages along with statutory interest corresponding to forty-four years of such unauthorized occupation as on the year of filing of the writ petition in 2013 was claimed by the writ petitioner. The writ petitioner, inter alia, pleaded before the Hon'ble Court that all proceedings initiated under Act II of 1948 be declared as lapsed.

(3.) It would be now necessary to sieve out the facts as existing before the Hon'ble Court in the pending adjudication. For the benefit of a forthright discussion and to avoid any confusion in the language used to establish the mind of the Hon'ble Court, the sequence of orders necessary for the purpose of this judgement and order are required to be quoted verbatim hereinbelow to the extent of their direct relevance: -