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2016 Supreme(Cal) 569

SAMAPTI CHATTERJEE
Himalay Paper & Board Mills Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Mr. Saktinath Mukherjee, Ld. Sr. Counsel, Mr. Debabrata Saha Roy, Advocate, Mr. Pingal Bhattacharyya, Advocate.
For the Respondent:Mr. L.K. Gupta, Ld. Addl. Adv. General, Mr. Ashim Ganguly, Advoate, Ms. Aparna Ghosh, Advocate.

JUDGMENT :

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, 1
































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