COMPETENT AUTHORITY Vs. WESTERN INDIA COMMERCIAL CO LTD

JUDGEMENT

(1.) - This is an application under Article 227 of the Constitution of India filed against the order dated 9.5.89 passed by the appellate authority under section 33 of the Urban Land (Ceiling and Regulation) Act, 1976 modifying the order passed by the competent authority under section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 in URL(S) 731/76.

(2.) The facts leading to the present dispute may be summarised as hereunder: The opposite party M/s. Western India Commercial Co. Ltd.. 65, Sir Hariram Goenka St. Calcutta-70 filed a statement on 14.6.76 under section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 stating, inter after, that the company possessed land measuring 11 Bighas 7 Cottahs 14 Chittaka 35 sq. ft. in C.S. Plot No. 225 which has been enclosed with 'annexure X. After receiving the statement, a spot enquiry was conducted on 30th August, 1986 and from the aforementioned enquiry it turned-, out that the opposite party-Company possessed 15245.82 sq. mts. and the said enquiry was conducted in presence of Mr. Utpal Kr. Majumdar, the learned advocate of the opposite party-company. From the spot enquiry it emerged that the opposite party-Company was allotted 1120.78 sq. mts. whereupon two pacca structures measuring total 413.86 sq. mts. were in existence out of total 15,245.82 sq. mts. possessed by the Company. The xerox copy of the draft statement is enclosed under section 8(1) of the Act as 'annexure X2). Tile Company subsequently, did not raise any serious objection against the said draft statement. The competent authority after the hearing the objection filed by the company allowed it to retain 2379.47 Sq. mts. instead of 14,125.04 sq. mts. shown in the draft statement and extent of 12.866.35 of land was held to be surplus and directed to surrender the aforesaid surplus land. Final statement under section 9 of the Act was prepared accordingly. The xerox copies of the objection petition and the order passed by the competent authority dated 23rd September, 1987 under which the objection petition filed by the Company was rejected and the final statement under section 9 of the Act are enclosed as 'annexure X3'.

(3.) Being aggrieved by and affected with the order/judgment of the competent authority, the Company had preferred an appeal before the appellate authority and the appeal memo has been enclosed. The appellate authority was, however, inclined to modify the order/judgment of the competent authority which is enclosed as 'annexure X 5'.