ASHA GUHA & ANR Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2018-10-17
HIGH COURT OF CALCUTTA
Decided on October 04,2018

Asha Guha And Anr Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) This matter was last taken up for consideration on 24th July, 2018. On that date, a memo/letter issued by the Additional District Sub-Registrar of Kalyani, District Nadia, addressed to the Estate Manager, Kalyani, wherein a market value assessment slip of the plot-in-question was annexed, had been taken on record. The market value in respect of the plot-in-question has been stated to be Rs. 82,50,000/-. This Court was also handed-over by the learned advocate representing the appellants, a copy of a memorandum dated 16th July, 2018, issued by the Principal Secretary, Urban Development & Municipal Affairs Department, Government of West Bengal, with regard to formation of a Committee comprising of seven members with a view to formulate a uniform policy in respect of transfer of leasehold interest in Salt Lake and Kalyani and regularisation of irregularities which were not adequately covered by the existing policies. It was observed in our order dated 24th July, 2018 that the said memo dated 16th July, 2018, did not have any relevance in the facts of the instant case, since the plot-in-question has already been resumed by the competent authority at Kalyani. Nevertheless, this Court had adjourned the matter for a period of four weeks only to enable the appellants to decide as to whether they were ready and willing to pay the market value of the plot- in-question as determined in terms of the market value assessment slip issued by the Directorate of Registration & Stamp Revenue, Government of West Bengal.
(2.) It appears from the submissions made on behalf of the appellants that they have not been able to take a decision as to whether they are willing to pay the market value in respect of the plot-in-question, which has been determined at Rs. 82,50,000/-.
(3.) In such circumstances, we are left with no option but to dispose of the appeal along with the application for stay by granting liberty to the appellants to approach the office of the Estate Manager, Kalyani, District Nadia, within a period of ninety days from date along with a payment of Rs. 82,50,000/-. In the event, such payment is made to the Estate Manager, Kalyani, within the timeframe as specified above, no effect shall be given to the memo dated 2nd August, 2016, issued by the Estate Manager, Kalyani, addressed to Smt. Manjushri Sarkar and Smt. Krishna Adhikari from whom the appellants had purchased the residual leasehold interest of the plot-in-question.;


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