Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(Cal) 859

SOUMITRA PAL, MIR DARA SHEKO
ABP Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Appellant :Mr. Abhrajit Mitra, Senior Advocate, Mr. A.N. Mukherjee, Mr. Jishnu Chowdhury and Mr. Navneet Mishra, Advocates
For the Respondent:Mr. Sarvopriyo Mukherjee, Mr. Satadeep Bhattacharya and Mr. Arundhati Mukherjee, Advocates.
For the State :Mr. Pranab Kumar Dutta, Senior Advocate and Mr. Supratim Dhar Advocate.

Judgement Key Points

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What is the legality of orders obtained by suppressing material facts before authorities and the High Court under the Urban Land Ceiling Act?

What is the consequence of suppression of facts and alleged fraud regarding development agreements, power of attorney, and sale when determining excess vacant land and issuance of No Objection Certificates?

What is the proper interpretation of sections 2(L), 5(3), 26(1), and 27(2) of the Urban Land Ceiling Act in relation to transfers or contemplated transfers of land within the ceiling limit?

JUDGMENT :

Soumitra Pal, J.

This appeal, being MAT No. 25 of 2015, has been preferred by ABP Private Limited (for short 'ABP') and its Constituted Authority, the appellants against the judgement and order dated 16th December, 2015 passed by the learned Single Judge in the writ petition, being W.P. 33381 (W) of 2014 (ABP Private Limited and another v. State of West Bengal and others), whereby it was dismissed. In the said writ petition Merlin Projects Ltd ('Merlin' for short) was the respondent no.4. Being aggrieved by the said judgment and order, Merlin too has filed an appeal being MAT No. 26 of 2016 in which ABP is the respondent no.4. Since issues involved are similar, by consent of the learned advocates for the parties, both the appeals were heard analogously.

2. For proper appreciation, facts which emerge from the stay petition in MAT No. 25 of 2016, to which the writ petition has been annexed, are as under.

3. ABP, the writ petition no.1, a private limited company, at all material times was the owner of land with buildings and structures having 19 dwelling units, driveway, pathway, compound wall, garden, tank, tank bank, etc, comprising an area measuring about 12,898.49 square me

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2016 Supreme(Cal) 859

SOUMITRA PAL, MIR DARA SHEKOABP Pvt. Ltd. – AppellantVersusState of West Bengal – Respondent

What is the legality of orders obtained by suppressing material facts before authorities and the High Court under the Urban Land Ceiling Act?

What is the consequence of suppression of facts and alleged fraud regarding development agreements, power of attorney, and sale when determining excess vacant land and issuance of No Objection Certificates?

What is the proper interpretation of sections 2(L), 5(3), 26(1), and 27(2) of the Urban Land Ceiling Act in relation to transfers or contemplated transfers of land within the ceiling limit?

Cases Referred (11)

SOUMITRA PAL, MIR DARA SHEKO
ABP Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent