LAWS(CAL)-2023-3-90

GULMARG ESTATE PVT. LTD. Vs. SANTANU SARKAR

Decided On March 15, 2023
Gulmarg Estate Pvt. Ltd. Appellant
V/S
SANTANU SARKAR Respondents

JUDGEMENT

(1.) What appears to be an otherwise simple proposition of law has been made to look complex and difficult.

(2.) The proposition of law that we are required to decide in this petition is whether West Bengal Land Reforms Tribunal constituted under Sec. 4 of the West Bengal Land Reforms and Tenancy Tribunal Act 1997 (in short 'Act of 1997') has the jurisdiction to extend time beyond the period of 30 days from an order passed by the Collector under Sec. 6 of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (in short 'Act of 2001'). At the first blush the argument advanced by the writ petitioner appeared to be attractive since the tribunal is a creature of statute not a court and hence the provision of Limitation Act ordinarily would not apply to a tribunal unless such power is specifically conferred by the statute creating such tribunal.

(3.) The dispute relates to premises No. 20 Ganesh Chandra Avenue Kolkata-700013 (hereinafter referred to as the 'subject property'). The respondent no.17 since deceased being the predecessor of the writ petitioner and the then owner of the subject property filed Thika Tenancy case no.3-D of 1962 for eviction of Thika Tenant Oriental Accessories Private Ltd. (hereinafter referred to as 'Oriental') under the Calcutta Thika Tenancy Act, 1949. In the said proceeding on 20/12/1963 a final order of ejectment was passed by the appropriate authority. In a proceeding initiated for fixation of the amount of compensation being Misc. Case no. 64 of 2006, the learned Thika Controller passed an order on 2/5/2007 holding that the respondent no.17 was entitled to recover possession in terms of the final order dtd. 20/12/1963.