ALOK KUMAR DASGUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the intimation dated 16th August, 2011 issued by the Competent Authority, Kolkata under the Urban Land (Ceiling and Regulation) Act, 1976, the respondent No. 3, on the ground that it is contrary to the provisions contained in section 45 of the Act.

(2.) It appears from a reading of section 45 of the Act that clerical or arithmetical mistakes in any order passed by officer or authority under the Act or errors arising from any accidental slip or omission may be corrected "at any time" by such officer or authority either on his own motion or on an application received from any of the parties. Therefore, it is evident that such mistake or error can be corrected "at any time". In the instant case, it appears from the impugned intimation that the respondent No. 3 had admitted that an error was committed by the then Competent Authority. However, since the error was committed long ago, the Competent Authority declined to rectify the error in calculating the excess vacant land in the Draft Statement under the Act. Since section 45 postulates that clerical or arithmetical mistakes or any accidental slip or omission can be corrected at any point of time, having admitted that an error was committed, the said authority cannot take a stand that since many years have passed it was not in a position to rectify the error. Therefore, the intimation dated 16th August, 2011 is illegal and hence, set aside and quashed. Accordingly, the said respondent is directed to make necessary correction as stipulated under section 45 of the Act by passing a reasoned order within four weeks from the date of presenting a copy of the certified copy of this order.

(3.) The writ petition is allowed.