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2019 Supreme(Cal) 399

DEBANGSU BASAK
Cossipore Commercial Society – Appellant
Versus
Board of Trustees for Port of Kolkata – Respondent


Advocates:
Advocate Appeared:
Indranil Roy, Sunita Shaw, Debabrata Saharay, Koushik Bhattacharya, Abhrajit Mitra, A.K. Jana, R.P. Mukherjee.

JUDGMENT :

1. Three writ petitions have been taken up for final hearing as they involve similar issues.

2. The issue that has fallen for consideration in these three writ petitions is whether the respondent authorities can charge compensation in terms of Clause 6.2.2.2(e) and Clause 6.2.2.3(g) of the Land Policy Guidelines, 2010 and TAMP Order No. TAMP/18/2011-Gen. dated July 26, 2011 or not.

3. W.P. No. 771 of 2012 is at the behest of the Cossipore Commercial Society and others. For the sake of convenience, the writ petitioners in such writ petition are referred to as the Cossipore Commercial Society. Learned Advocate appearing for Cossipore Commercial Society has submitted that, Kolkata Port Trust (KoPT) had offered lease in respect of two adjoining plots for a period of 20 years with effect from September 24, 1990 to Cossipore Commercial Society on September 21, 1990. KoPT had handed over possession in respect of the first plot on November 17, 1990 and the second plot on January 4, 1991. KoPT authorities however did not execute any formal lease deed except issuing a letter dated September 21, 1990 of the Land Manager, KoPT which is at page 58 of the writ petition. According to him,

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