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SANJIB BANERJEE
Shyamal Sircar – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Petitioners:Debayan Bera and S.P. Chakrabarti, Advocates
For the State :Sadhan Ray Chowdhury, Paritosh Sinha and Sucharita Ray, Advocates
For the Respondents No. 4:Pratap Chatterjee, Sr. Adv., S.N. Mookherjee, Sr. Adv., Samit Talukdar, Sr. Adv., Sounak Mitra, S.K. Saxena, Anuj Singh, Pratik Majumdar, Subrata Kr. Basu, R.L. Gaggar, S. Bose, Advocates
For the Official Liquidator :Smita Das De, Advocate

JUDGMENT :

Sanjib Banerjee, J.

The petitioners complain of being cheated by the State in their land being confiscated for a pittance only to be ultimately made over to realtors for a high end residential complex being developed without the land being used for any public purpose.

2. The subject-matter of the present petition is about of an acre of land in once down-market Tangra that is now increasingly reaching to the sky. The predecessors-in-interest of the petitioners had leased out such land along with a larger chunk for a company to set up its factory thereat. The original lease was executed and possession was made over by the predecessors-in-interest of the petitioners to the relevant company in or about 1955. The original lessee faced financial problems and such company was nationalised in or about 1984. The nationalised company, Tyre Corporation of India Limited (TCIL), was controlled by the Central government, but due to its net-worth being eroded, a reference was made in respect of TCIL in 1992 to the Board for Industrial and Financial Reconstruction (BIFR) under the provisions of the of Sick Industrial Companies (Special Provisions) Act, 1985. TCIL was declared sick on or ab

































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