SAIKIA BUSINESSMENS ASSOCIATION Vs. HOWRAH MUNICIPAL CORPORATION
LAWS(SC)-2001-8-41
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on August 08,2001

SALKIA BUSINESSMEN'S ASSOCIATION Appellant
VERSUS
HOWRAH MUNICIPAL CORPORATION Respondents

JUDGEMENT

Raju, J. - (1.) Leave granted.
(2.) The simple as well as an important question arising in the appeal is as to what is the efficacy of an order passed by the Court in terms of the memorandum of compromise or an agreement, filed in a proceedings on the basis of which the Court proceedings came to be finally disposed of.
(3.) Shorn of all unnecessary details, it would suffice if a reference is made to the order dated 13-2-1991 passed by a learned single Judge of the Calcutta High Court in Civil Order No. 14861 (W) of 1990. The said proceedings came to be initiated by the Appellant Association, the members of whom were carrying on business as Traders and businessmen on the Grand Truk Road (North) in and around Salkia Chowrasta, apprehending displacement and demolition of the places of their business for the construction of a fly-over, against Howrah Municipal Corporation, Howrah Improvement Trust their respective authorities as well as the State. In the said proceedings, an application for setting the disputes has been filed by the parties and the learned counsel appearing for the parties also submitted that the the Writ Petition be disposed of in terms of the said application for settlement. The learned Judge, on noticing the above facts ordered, "Let there be an order that the Writ Petition is disposed of in terms of the settlement made by the parties. Xerox copy of the application for settlement and the order passed today be given to the parties. Let the Writ Petition be disposed of accordingy.;


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