SOUMEN SEN,J. - (1.) The order dated 19th June 2017 has not been complied with. The respondents are unable to produce any document to show as to why the competent authority has failed to act in terms of the orders passed by this court on 15th May 2017 and 19th June 2017. It appears that for the self-same premises the Land Acquisition Collector has adjudicated a sum of Rs. 24.42 per sq.ft. per month as fair rent. The Fair Rent Assessment Committee has failed to produce any document to substantiate that for the possession by the respondents of a very prime area at Kolkata, a sum of Rs. 19.35 per sq.ft. per month would be payable. The competent authority, in spite of direction being passed by this court, has failed to reconsider the matter and is unable to produce any document to show as to why the competent authority should differ from what has been adjudicated by the Land Acquisition Collector in respect of occupation of the Excise Department and Cooperative Department of the Government of West Bengal.
(2.) However, having regard to the fact that the plaintiffs have filed an application for amendment of the plaint in which the plaintiffs have prayed for fixing up the fair rent based on recommendations of the Land Acquisition Collector, The prayers made in this application at this stage appears to be pre-mature. The prayer for amendment of the plaint is contested by the respondents. This application accordingly stands disposed of with liberty to the petitioners to apply afresh in the event GA No.3169 of 2016 is allowed.
(3.) However, this order shall not prevent the fair rent committee to revisit the issue. The draft lease agreement made also be settled by the parties.;