BHUWALKA TRADING & TEA CO Vs. STATE OF WEST BENGAL
LAWS(CAL)-2017-7-84
HIGH COURT OF CALCUTTA
Decided on July 23,2017

Bhuwalka Trading And Tea Co Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

TAPASH MOOKHERJEE,J. - (1.) The Court :- 1. Proceedings and vesting orders passed by the Competent Authority, Calcutta, under The Urban Land (Ceiling and Regulation) Act , 1976 (in short, ULC Act .) in UL Case No. (i) 6(1)/13 Vol. 16 of 1976, (ii) 6(1)/66. Vol. 4 of 1976; (iii) 6 (1)/13, Vol. 16 of 1976; (iv) 6(1)/14, Vol. 5 of 1976; (v) 6 (1) 65, Vol- 4 of 1976, are in challenge in the present Writ Petition.
(2.) Two properties are involved in the aforesaid vesting proceedings under the provisions in the ULC Act . One such property measuring 4232.67 sq. Mtrs, hereinafter described as the first property, situate at 141 Netaji Subhas Chandra Bose Road, Kolkata 700 042. According to the Petitioners, the said property was purchased by the Petitioner No. 1/Company by a registered deed of conveyance dated 16th October, 1947. Subsequently the property was leased out to Army by registered deed dated 1st July, 1960. Thereafter, the Petitioner No. 1 by a registered deed dated 24th May, 1967 leased out the property to Basant Corporation, the Petitioner No. 5 in the case. The property was at different point of time under the occupation of the U. S. Army, Indian Army and lastly under the Kolkata Police Authority and used as their Barrack for the accommodation of Kolkata Police personnel. However, the property was vacated in due process of law and Basant Corporation, i. e., the Petitioner No. 5 is now in physical occupation of the property.
(3.) The other property, hereinafter described as the second property, consists of permanent structures and dwelling units, situate at 14 and 14/1, Ariff Road, Kolkata- 700 067. According to the Petitioners, the Petitioner, No. 1 acquired the property by a registered deed of conveyance dated 30th October, 1961 and thereafter the Petitioner No. 1 leased out some the portions of the property by two registered deeds dated 22nd July, 1974, to the Petitioner No. 3 and 4 who are now in possession of the property leased out to them.;


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