RADHABINOD PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By an order dated 19th September, 1996 passed in L.A. Case No. 26 of 1983 (valuation) arising out of Land Acquisition Case No. K-III/9 of 1980 an award was passed. By means of this writ petition, the petitioner sought to seek for direction upon the Calcutta Improvement Trust for payment of the amount in terms of the said award.

(2.) Learned Counsel for the Calcutta Improvement Trust (hereinafter referred to as the Trust) points out that relying on certain decisions of the Apex Court that an award is capable of being executed through independent proceedings and there being alternative remedy, this Court should not have entertained this writ petition. He further contends that a writ Court cannot take upon itself the responsibility for executing the award though there is adequate provision for execution thereof. He, therefore, prays that this writ petition be dismissed.

(3.) The learned Counsel for the petitioner relied on a decision of this Court by a Division Bench in The Calcutta Improvement Trust v. State of West Bengal & Ors., wherein same prayer for payment was asked for and was allowed by the learned Single Judge, since been appealed against in the said appeal. The said appeal was disposed of on 2nd March, 2001 dismissing the appeal and thereby upholding the authority of this Court in the matter of payment in terms of the award.