ADYAMA COMPLEX PRIVATE LIMITED & ANR Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2018-12-42
HIGH COURT OF CALCUTTA
Decided on December 14,2018

Adyama Complex Private Limited And Anr Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Shampa Sarkar, J. - (1.) These three writ petitions arise out of a common final order dated June 14, 2017 passed by the West Bengal Land Reforms and Tenancy Tribunal in Original Applications being O.A. No.1244 of 2015, O.A. No.2114 of 2015, O.A. No.1399 of 2015 and O.A. No.310 of 2012 which were taken up by the learned Tribunal for analogous hearing.
(2.) By the order impugned the learned Tribunal dismissed all the Original Applications and held as follows:- "14. It also came out that entire land of BJM including the land sold out to Adyama were guided by section 6 (1)(g) read with section 6(3) and not u/s 6(1)(a) and 6(1)(b) of the Act of 1953. 15. Accordingly we find that the tenancy of the BJM was guided by the Act of 1953 and not by the WB.N.A.T Act of 1949 and that notice was valid and legal and that the order of retention and resumption passed after contested hearing were according to law. As such BJM has no right to sell out any portion of the case land and that Adyama did not acquire any title over the same through said purchase. 16. Accordingly all four (4) applications being O.A Nos. 1244 of 2015, 2114 of 2015, 1399 of 2015 and 310 of 2012 are hereby dismissed on contest."
(3.) The facts of the case are that Bengal Jute Mills, (hereinafter referred to as BJM) purchased more than 35 acres of land with buildings and structures in premises no. 493 Grand Trunk Road in 1940, from Ganges Manufacturing Factory Limited. The said land comprised in different survey plots having a jute mill and there were massive structures for staff, godowns, warehouses, factories thereon.;


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