The competent authority's failure to consider the petitioner's representation and provide the draft statement and enquiry report before finalizing the statement under the Urban Land (Ceiling and Regulation) Act, 1976, violated the principles of natural justice and was unsustainable in law.

Samapti Chatterjee, J.

1. The following issues are to be determined in the present case :-

(a) Whether alleged enquiry report could be prepared by the competent authority without following the procedure as prescribed in statute as also without supplying the enquiry report and draft statement to the petitioner which clearly shows violation of natural justice?

(b) Whether facts and figures pertinent to the quantum of retain land as noted during the course of joint representation by both the parties could be given complete go bye at the time of preparing the statement by the competent authority?

2. Facts of the case in brief is as follows :

Petitioner is a lessee in respect of premises no. 20, Seven Tanks Lane, Kolkata-700 030. The said property was leased out by the Rayat to the petitioner long back in the year 1961. The said property is measuring about 20,533.89 sq. mt. having factory shed, dwelling house, temple, go down, labour quarter etc. Out of the said total area of land a portion of land measuring about 1773 sq. mt. was taken away by the Kolkata Municipal Corporation for construction of road. A proceeding under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 was initiated against the petitioner by the competent authority without giving sufficient opportunity to the petitioner to submit their objection. Therefore, the petitioner challenging the said final statement dated 18th June, 2007 preferred a statutory appeal under Section 33 of the said Act of 1976 being Appeal No.7 of 2007 before the Principal Secretary under Urban Development Department being the appellate authority.

The said final statement dated 18th June, 2007 prepared by the competent authority was set aside by the appellate authority on 18th May, 2013 thereby directing the petitioner to send its representations during the fresh field enquiry as directed to be held. Against the non-action and inaction on the part of the competent authority to hold fresh field enquiry the petitioner moved before this Hon’ble Court by filling a writ petition being WP No. 1116 (W) of 2014. The Hon’ble Court on 22nd January, 2014 disposed of the said writ petition thereby directing the competent authority, Kolkata to take an appropriate decision on the basis of the order of the appellate authority dated 18th May, 2013 within a period of two months from the date of completion of the field enquiry.

Thereafter on 27th January, 2014 in presence of the petitioner’s engineer a spot enquiry was held by the competent authority. After such joint spot enquiry on 18th February, 2014 the petitioner made a representation to the competent authority indicating inter-alia, that upon the facts found during such joint enquiry the total retainable land would be 28827 sq. mt.. Accordingly, there was no excess vacant land as has been claimed by the competent authority. The competent authority on 14th March, 2013 without giving any opportunity to the petitioner to explain his case considered the petitioner’s representation dated 18th February, 2014 and rejected the same on the ground stating inter-alia “ Appears to be not in keeping with ground reality and calculation appears to have no base and so the prayer is rejected. But before that exercise the undersigned has to give the lessee i.e. the appellant herein an opportunity of being heard in pursuance of the order of the appellate authority. Therefore, the date of hearing is fixed on 24th March, 2013 at 11 a.m.”

On 24th March, 2014 hearing was held and it was recorded as follows :

“Detailed before him the result of the spot enquiry the finding in the report submitted by Sri S.R. Mukhopadhyay and the observation of the undersigned as a result of the said report. It was made it clear to the appellant that the excess vacant land might to assessed to the tune of 14822.0 sq. mt. –10,616.78 sq. mt. and the final statement would be prepared accordingly”.

It is also apparent from writ petition that till 24th March, 2014 no copy of enquiry rep