BURDWAN DEVELOPMENT AUTHORITY Vs. KRISHNAPRASAD GHOSH

JUDGEMENT

(1.) Two appeals are taken up for analogous hearing as they emanate out of the same judgment and order dated December 15, 2022 passed in the writ petition.

(2.) By the impugned order, the learned Judge disposed of the writ petition directing the 5th respondent in the writ petition to take proceeding for direct purchase of the plot in question and bring the same to its logical conclusion keeping in view the present market rate of the plot within a period of three months from the date of communication of the order.

(3.) Learned senior advocate appearing for the respondent no. 5 in the writ petition, being the Burdwan Development Authority (BDA) submits that, four title suits apart from other suits were pending. He draws the attention of the Court to the fact that, there is a Title Appeal being TA 65 of 2017 pending. He contends that, so far as other land owned by the writ petitioners are concerned, they were acquired in accordance with law and as a requiring authority, his client deposited the compensation amount. The area in question involved in this writ petition is about 0.3 decimal. He contends that, the area in question is in possession of the writ petitioners. He contends that, since the Title Appeal is yet to be withdrawn, question of executing a conveyance for direct purchase does not arise. Moreover, since it is a direct purchase question of compensation for earlier user does not arise.