B L C PRIVATE LTD Vs. STATE OF WEST BENGAL
LAWS(CAL)-1999-10-30
HIGH COURT OF CALCUTTA
Decided on October 11,1999

B.L.C.PRIVATE LTD Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

A.Kabir, J. - (1.) On consent of the parties, the appeal is also treated on the day's list and is taken up for disposal along with the application for stay of operation of the judgment and order appealed against.
(2.) The facts involved in this appeal indicate that pursuant to a notice issued by the competent Authority under section 6(2) of the Urban Land (Ceiling & Regulation) Act. 1976, the appellants filed a Return under section 6(1) of the said Act. Thereafter, on the basis of the said Return, the Competent Authority began proceedings, being U.L.C. Case No. 6(1)/127/V-20/78, and upon enquiry prepared a draft statement under section 8(1) of the above Act.
(3.) On 29th September, 1981, the objection filed by the appellants/petitioners herein was rejected by the Competent Authority and directions were given for preparation of final statement under section 9 of the aforesaid Act. On 19th April, 1983, the Competent Authority served the final statement under section 9 of the above Act on the appellants/petitioners. An appeal taken by the appellants against the said statement under section 33 of the above Act was, ultimately, dismissed on 9th April, 1984. On 3rd September, 1984, the petitioners/appellants filed a writ petition in this Court, being Civil Rule No. 16872(W) of 1984, which was disposed of on 16th May, 1990. In view of the fact that land acquisition proceedings had also been commenced in respect of the self-same property, the proceedings under the Urban Land (Ceiling & Regulation) Act, 1976 was held to be without jurisdiction and the said proceedings, along with the order of the Appellant Authority, were quashed. It may be mentioned in this connection that a review petition was filed on behalf of the respondents, but the same was withdrawn on 18th September, 1998.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.