SAILENDRA NATH PAL Vs. NEELACHAL HOUSING CO-OPERATIVE COLONY SOCIETY LIMITED
LAWS(CAL)-2008-6-5
HIGH COURT OF CALCUTTA
Decided on June 19,2008

SAILENDRA NATH PAL Appellant
VERSUS
NEELACHAL HOUSING CO-OPERATIVE COLONY SOCIETY LIMITED Respondents

JUDGEMENT

- (1.) THIS appeal at the instance of the respondent nos. 8 and 9 is directed against the judgment and order passed by learned trial court in writ application being matter No. 1306 of 1994.
(2.) THE appellants are the owners of the plot No. 2429 measuring about 1 bigha 4 cottah and odd at Mouja Kasba where a pucca construction stands. The appellants were informed that the lands were acquired under Section 4 (1) (a) of the West Bengal Land acquisition and Requisition Act, 1948 and the appellants were asked to state the nature of interest in the land and particulars of their claims with regard to compensation for the same. The appellants then moved writ application and obtained an ad interim order of injunction restraining the respondents from entering into the land and disturbing their peaceful possession. Despite the said order the respondent Neelachal Housing Cooperative colony Society tried to construct a boundary in and around the premises of the appellants in 1989 in order to stop ingress and egress of the appellant. The appellants then moved a writ application and obtained an interim order from the High Court restraining the respondents in particular respondent No. 4 from finishing construction of wall around the wall of the appellants herein and also from disturbing their possession. As the respondent-Society continued the construction despite the said order a contempt application was moved. The Secretary of the respondent-Society submitted that the society had no intention to disturb the ingress and egress of the petitioner in any manner and there would be no boundary wall in and around the land of the appellants herein. The contempt application was disposed of.
(3.) THE appellants filed an application before C. E. S. C. for giving a new connection in their premises in the year 1992 and eventually despite observance of all legal formalities the C. E. S. C. did not give new electric connection to the petitioner's premises. Writ application being 19894 (w) of 1994 was again moved and on 6. 6. 94 Learned Single judge directed the C. E. S. C. to give electric connection to the premises of the appellants.;


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