DAVID MANTOSH Vs. APOLLO GLENEAGLES HOSPITALS LTD.

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the communication being No. 463-UL/O/APC-4/2021 dated November 26,2021 passed by the Special Secretary and Appellate Authority under sec. 33 of the Urban Land (Ceiling and Regulation) Act, 1976(hereinafter called as Act of 1976), present application under Article 227 of the constitution of India has been preferred. It is alleged by the petitioners that they had preferred an appeal under sec. 33 of the Act of 1976, before the Appellate Authority , urban land ceiling Branch, Kolkata, which was registered as file No. UDMA-21011(13)/3/2021-ESTT-ULC SEC Dept. of UDMA. In the said appeal the petitioners herein prayed for declaration that Notification No. 53-X-U.L. (CAL) dated February 12,1990 is null and void and the petitioners are owners of premises no. 60, Canal Circular Road, Kolkata and entitled to possession of the premises in question. One application under sec. 5 read with Sec. 14 of the Limitation Act was also filed along with the said appeal explaining the delay in preferring the appeal. But by the impugned order it was informed to the petitioners that the aforesaid appeal dtd. 27/8/2021 is not maintainable as the same is well beyond the stipulated 30 days as envisages in sec. 33(1) of the urban land (Ceiling and Regulation) Act, 1976. Petitioners further alleged that they did not get any opportunity to place their case before the special secretary and the Appellate Authority and impugned order dated November 26, 2021 was passed without hearing the petitioners.

(2.) The present case has got a chequred history. The aforesaid property in question i.e. 60, canal Circular Road, Kolkata-700054 along with its adjacent lands was sold by Mr. Monilal Guin and Mr. Bijoy Kumar Guin to M/s. Hindustan Housing on 15/6/1957. M/s. Hindustan Housing subsequently transferred the said properties to M/s. Orient Beverage Limited (herein after called as M/S. OBL) through registered deed dtd. 30/11/1962.

(3.) The aforesaid Act of 1976 came into force on 17/2/1976. Aforesaid M/S OBL claiming to be a "person" under sec. 2(i) of the Act and claiming "to hold" the suit property under sec. 2 (1) of the Act in excess of the ceiling limits specified under sec. 4 of the Act, filed a statement under sec. 6(1) of the Act before the competent authority but the competent authority by order dtd. 27/9/1988 rejected the prayer made by M/S OBL and as such M/S OBL agreed to surrender the possession of the entire excess land held by them beyond the prescribed ceiling limit and accordingly M/S OBL surrendered their possession on the said land along with adjacent lands on 4/1/1990 situated at Canal Circular Road, Kolkata in favour of the State. M/S OBL prepared to surrender subject to compensation as provided under the Act. On 8/2/1990 the competent authority served final statement under sec. 9 of the Act on M/S OBL which led to the issuance of the notification by the State under Sec. 10(1) of the Act which was duly published in the gazette on 15/2/1990 inviting objections from the general public. No objection was received from any person pursuant to said notification and as such final notification under sec. 10(3) was issued on 11/5/1990 and with issuance of said notification under sec. 10(3) the suit property was vested to the State of West Bengal free from all encumbrances. The competent authority on 23/5/1990 served notice on M/S OBL calling upon them to physically surrender the possession of the suit property to the State which was done on 28/5/1990.