Back
T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Ajay Kumar Mishra – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(T.S. Sivagnanam, C.J.)
Since the prayer sought for in both the writ petitions are more or less identical and concerns the very same property, the writ petitions were heard together and are disposed of by this common judgment and order.
2. At the request of the learned advocates appearing for the writ petitioner WP No. 7176 (W) of 2012 is taken as the lead case and the facts stated therein are noted which would suffice for arriving at the decision in both the writ petitions.
3. We have heard Mr. Anindya Lahiri, Mr. Anish Chakrabory, advocates appearing for the petitioners, Mr. Sirsanya Bandopadhyay, Mr. Tirthankar Dey and Mr. Arka Kumar Nag, advocates appearing for the respondents, Mr. Saptangsu Basu, Ld. Senior Advocate, Mr. Kumar Gupta, Mr. Ayan Banerjee, Mr. Binay Kumar Jain and Mr. Piyush Jian advocates appearing for the respondent no. 4 and for the respondent no. 9.
4. The writ petitioner is an association consisting of residence in the HB Block in Salt Lake, Kolkata. The association has prayed for an issuance of a writ of certiorari to quash the Memo dated 25.02.2010 permitting the transfer and change of the original purpose of the land being HV 334, Sector III, Sa
The court upheld the government's authority to change land use from hospital to IT services, affirming that the original allotment was valid and notifications were legally issued.
The court established that acceptance of delayed payments by the State constituted a deemed extension of time for contract performance, reinforcing the obligation to execute lease deeds.
Conversion of land from leasehold to freehold cannot be granted contrary to terms of allotment and covenants of lease deeds.
The court clarified the concept of waiver of forfeiture under Section 112 of TPA and directed the government to decide on the change of user application before enforcing the lease determination notic....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
