H.K.SEMA, A.R.LAKSHMANAN
Dipak K. Ghosh – Appellant
Versus
State Of W. B. – Respondent
Judgment
H.K. Sema, J.—Heard parties.
2. This I.A. No. 4 of 2005 arises out of W.P. No. 216 of 1999 with C.A. No. 6707 of 1999 disposed of on 19.11.2004 inter alia with the following directions:–
(i) The Government may appoint a Govt. Valuer and after assessing the cost of construction, at the prevailing rate at the time of construction, (cost of land will not be included), offer the said price to respondent No. 8 and the Govt. may take over the building. In this event the Government should give to respondent No. 8 one year’s time to vacate, provided respondent No. 8 and all family members and persons residing in the bungalow file an undertaking in this Court within 8 weeks from today, that they will hand over to the Government vacant and peaceful possession at the end of one year.
(ii) Alternatively, if respondent No. 8 feels that he should receive the prevalent market value for the bungalow, he may so intimate the Government. The Government may then put the house along with the land for public auction by advertising the same in two national dailies and one local daily, if any, widely circulated in the area and offer to sell the house to the highest bidder.
(iii) In the case, as in Cla
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