SUNANDA CHOWDHURY Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal and the writ petition have been heard together and are being disposed of by this common judgment and order as they arise from the same set of facts. In the appeal, under challenge is an order of a learned Single Judge of this Court whereby the appellants' writ petition challenging a decision of the Purchase Committee of the Burdwan Municipality was disposed of. In the writ petition, an order of the West Bengal Land Reforms and Tenancy Tribunal is under challenge. By an order dated August 13, 2019, passed in FMA 751 of 2019, a co-ordinate Bench had directed that these two matters be heard together.

(2.) The appellants in FMA 751 of 2019 and the writ petitioners in WPLRT 76 of 2019, at all material times, owned substantial landed properties in the District of Burdwan, including two plots of land at Palashi and Sadhanpur. The Burdwan Municipality (in short, 'the Municipality') owned a plot of land at Nari, Burdwan which the Municipality proposed to use as a dumping ground for the waste products of the Municipality. There was strong public opposition to such proposal as the said plot of land was in the middle of the town. The appellants offered to exchange their land at Palashi with the Nari property of the Municipality. Such exchange took place by execution of registered deeds. The appellants also gifted their plot of land in Sadhanpur to the Municipality. The plot of land at Nari was mutated in the names of the appellants. The plots of land at Palashi and Sadhanpur were mutated in the name of the Municipality.

(3.) It appears that the Palashi property was partly tenanted and the Municipality also collected rent from such tenants.