SWADHIN HALDER & ANR Vs. CHHABI KUNDU & ORS
LAWS(CAL)-2018-1-139
HIGH COURT OF CALCUTTA
Decided on January 25,2018

Swadhin Halder And Anr Appellant
VERSUS
Chhabi Kundu And Ors Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) The instant appeal arises out of a judgment and order dated 3rd July, 2017, passed by a learned Single Judge in WP 19487 (W) of 2016 (Smt. Chhabi Kundu & Anr. vs. Union of India & Ors.).
(3.) By the said judgment and order, the writ petition of Smt. Chhabi Kundu and Smt. Snigdha Halder (Sharma) was disposed of with the following observation/direction: "Since the petitioners have challenged the genuineness of the deeds of gift on the basis of which the amount of compensation was paid in favour of son and grandson of Lakshmikanta Halder by the Competent Authority, it was incumbent on the part of the Competent Authority to refer the dispute to the civil court. In view of my above findings, I am constrained to hold that the order passed by the Competent Authority on July 8, 2016 (Annexure P/10 to the writ application) is not justified under the law and as such the said order is set aside. The respondent no.4, the Competent Authority, is directed to refer the dispute in question to the principal civil court of original jurisdiction within the limits of whose jurisdiction the land in question is situated under Section 3H(4) of the National Highways Act, 1956 within a period of six weeks from the date of communication of the order. Since the affidavits have not been exchanged between the parties, the allegations made in the writ petition are not deemed to have been admitted by the respondents. With the above direction, the writ application stands disposed of.";


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