Decided on March 05,2019

Gorkhaland Territorial Administration And Ors Appellant
Kishorilal Agarwal And Ors Respondents


Biswanath Somadder, A.C.J. - (1.) The instant appeal arises out of a judgment and order dated 29th June, 2018, passed by a learned Single Judge in WP 7663 (W) of 2014 (Kishorilal Agarwal vs. Gorkhaland Territorial Administration & Ors.). By the impugned judgment and order, the writ petition was disposed of with certain directions upon Gorkhaland Territorial Administration, which has now preferred the instant appeal.
(2.) For convenience, the impugned judgment and order is set out hereinbelow in its entirety:- "The petitioner is aggrieved by his land consisting 350 poles, equivalent to 2.2479 acres being taken over by the Gorkha Territorial Administration. A meeting was held under the Negotiation Committee of G.T.A. headed by the Executive Member, Law Department on 15th May, 2014 whereby and under the G.T.A. had agreed to pay the writ petitioner a sum of Rs.5,21,60,389/- (Rupees five crores twenty one lakh sixty thousand three hundred eighty nine only) towards initial amount for holding such property. The parties further agreed that the balance amount payable to the writ petitioner would be determined in proceedings under the Land Acquisition Act that the G.T.A. may enquire through District Magistrate, Darjeeling. The writ petitioner submits that out of the said sum of Rs.5,21,60,389/- (Rupees five crores twenty one lakh sixty thousand three hundred eighty nine only), two crores only has been paid till date. The G.T.A. shall pay the balance sum of Rs.3,21,60,389/- (Rupees three crores twenty one lakh sixty thousand three hundred eighty nine only) within a period of one month from date. If however, the land acquisition proceedings are commenced through District Magistrate, Darjeeling within a period of three months from date, the petitioner shall take appropriate steps thereunder for appropriate compensation. It is clarified that taking over the possession of the writ petitioners land shall abide by the result of the land acquisition proceedings that may be initiated in respect of such land in accordance with law. With the above directions W.P. No. 7663 (W) of 2014 is hereby disposed of. There shall be no order as to costs."
(3.) During the course of hearing of the instant appeal, several orders have been passed, including an order dated 17th January, 2019, whereby this Court had directed all concerned to cause a joint inspection of the Lansdowne property situated at premises no.101, Hill Cart Road, Kurseong, District - Darjeeling and file a detailed report before this Court with regard to its actual present status. Such joint inspection report has since been filed and parties have filed their respective affidavits in connection thereto, including an affidavit on behalf of the respondent/writ petitioner taking exception to the joint inspection report.;

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