MALINA RANI SAHA Vs. STATE OF WEST BENGAL & ORS.
HIGH COURT OF CALCUTTA
Malina Rani Saha
STATE OF WEST BENGAL AND ORS.
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Mukul Gopal Mukharjee, J. -
(1.)The present appeal is directed against the judgment and order dated 25.9.92 passed by a learned Single Judge of our Court in C.O. No. 12285(W) of 1983.
(2.)The writ petitioner is the appellant before us. She is the owner of Holding No. 295 in Ward No. 8 within the Municipality of North Barrackpore. Her premises consists of a pucca building with ancillary structures upon land and the total area is about 25 cottas 9 chittaks and 36 square feet equivalent to 1713/13 square meters. She become owner of the premises by way of successive purchase and has developed the land. Her contention inter alia is that the initially became owner of 42 acres of land with building construction and a pre-existing pond under several deeds of conveyance executed between 4.4.67 and 14.9.72. The entire purchase land consisted partly of three plots namely 1936, 1939, 1940 and wholly of plot no. 1940/3351. At the time of her purchase plot No. 1940/3351 was a pond and she extended it into plot No. 1940 which was already purchased by her and such extension of the pond was completed by the end of the year 1968 much before the Urban Land (Ceiling and Regulation) Act, 1976 came into force with effect from 17.2.76. The entire Holding is situated in Municipal agglomeration of North Barrackpore in the District of 24-Parganas.
(3.)A proceeding under Urban Land (Ceiling and Regulation) Act, 1976 was started by the Competent Authority. On 3.6.77 she filed a return in the prescribed form under section 6 of the Urban Land (Ceiling and Regulation) Act, 1976. Her case inter alia is that even though she had no obligation under the law yet she filed a return under Sec. 6 even though she was not in possession of any vacant land beyond ceiling limit, which she did being an ignorant lady and on wrong advice. She also filed an application under Sec. 20(1) of the Urban Land (Ceiling and Regulation) Act, 1976 for exemption of excess land being a tank which was used by her as a fishery. This was also done under a mistaken view of law.
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