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2018 Supreme(Cal) 638

DEBANGSU BASAK
Union of India – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Mr. Kausik Chanda, Ld. Addl. Solicitor General, Mr. Indrajit Dasgupta, Advocate, Mr. Tarunjyoti Tewari, Advocate
For the Respondent:Mr. Kishore Datta, Ld. Advocate General, Mr. Sirsanya Bandopadhyay, Ld. Jr. Standing, Mr. Subhendu Sengupta, Advocate
For the K.M.C. :Mr. Alok Kumar Ghosh, Advocate, Mr. Gopal Chandra Das, Advocate

JUDGMENT :

Debangsu Basak, J.

1. A letter dated February 12, 2016 issued by the Kolkata Municipal Corporation, a letter dated August 10, 2016 issued by the Officer-in-Charge, Alipore Police Station and a notice under Section 401 of the Kolkata Municipal Corporation Act, 1980, dated August 11, 2016 are under challenge in the present writ petition at the behest of the Union of India.

2. Learned Additional Solicitor General appearing in support of the petition submits that, the defence was constructing a building for office and residential purposes on a plot of land belonging to the defence. He draws the attention of the Court to two documents at pages 31 and 32 of the writ petition and submits that, the land, in question, was initially under the management of the Quarter Master General and, subsequently, taken over by the Director General of Defence Estates. The land continues to remain with the defence. The defence being the owner of the land, it was entitled to make a construction on such land. He relies upon the provisions of the Government Building Act, 1899 and submits that, since the land, in question, is of the defence and construction undertaken therein is by the defence, the pe


























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