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2017 Supreme(Cal) 726

BISWANATH SOMADDER, SANKAR ACHARYYA
State of West Bengal – Appellant
Versus
Desire Agro Resorts Development Private Limited – Respondent


Advocates Appeared:
For the Appellants :Mr. Kishore Datta, Advocate General with Mr. Subhabrata Dutta, Mr. Amrita Lal Chatterjee and Mr. Debashis Sarkar, Advocates.
For the Respondents:Mr. L.K. Gupta, Senior Advocate with Mr. Dipankar Pal, Ms. Juin Dutta Chakraborty, Ms. Kakali Naskar, Ms. Sanchayita De and Ms. Tanuka Basu, Advocates.
For the KMDA :Mr. P.S. Basu with Mr. Satyajit Talukdar, Advocates.

JUDGMENT :

BISWANATH SOMADDER, J.

1. This appeal, preferred by the State of West Bengal through its Principal Secretary, Land and Land Revenue Department and the District Magistrate Collector, 24-Parganas (South), arises out of a judgment and order dated 1st March, 2016, passed by the learned Single Judge in WP 13434 (W) of 2009 (M/s. Desire Agro Resorts Development Private Limited & Anr. v. State of West Bengal & Ors.). Since it is a rather short judgment, we intend to reproduce the same in its entirety, herein below:-

"Affidavit-in-reply fled [sic; read, filed] be kept on record.

On 17th February, 2016, Mr. Moitra, learned senior advocate appearing on behalf of the petitioners had made submissions which were recorded in order of that date as is reproduced below:-

"By relying on notification dated 1st December, 2005 being Annexure-P/1 to the writ petition, he submits his clients are the owners of the schedule land mentioned in that notification. He then refers to the affidavit-in-opposition filed on behalf of the respondent nos. 1-6 except 4 in particular sub-paragraph (h) of paragraph 3 therein to point out that the case of the State was awards were declared on 11th October, 2007. He































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