HALDIA DEVELOPMENT Vs. SADHAN CHANDRA MAJI
LAWS(CAL)-2019-3-164
HIGH COURT OF CALCUTTA
Decided on March 05,2019

Haldia Development Appellant
VERSUS
Sadhan Chandra Maji Respondents

JUDGEMENT

RAJASEKHAR MANTHA,J. - (1.) The Haldia Development Authority-revisionist is aggrieved by the Appellate Award passed by the Additional District Judge, 2nd Court at Tamluk dated 10th December, 2014. He raises a jurisdictional question in reference to the definition of 'Court' under Section 2(5) of the West Bengal Industrial Infrastructure Development Corporation Act, 1974.
(2.) The brief facts relevant to the case are, inter alia, that the opposite party's land was acquired by Collector, Purba Medinipur for the benefit of the Haldia Development Authority for which compensation became payable to the opposite party-land owner. The Collector had decided an amount of compensation, which was enhanced by the Additional District Judge and Appellate Authority.
(3.) In aid of its grievance against the order of the Additional District Judge, 2nd Court, Tamluk, a jurisdictional question is raised in the context of the definition of the expression 'Court' used in Section 2(5) of the West Bengal Industrial Infrastructure Development Corporation Act, 1974. Section 2(5) of the West Bengal Industrial Infrastructure Development Corporation Act is required to be set out herein: "2. Definitions. - In this Act, unless the context otherwise requires, - (1) """; (2) """.; (3) """.; (4) """..; (5) "Court" means a principal Civil Court of original jurisdiction, and includes the Court of any Additional District Judge or Subordinate Judge whom the State Government may appoint, by name or by virtue of his office, to perform, concurrently with any such principal Civil Court, all or any of the functions of the Court under this Act within any specified local limits;" ;


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