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ARIJIT BANERJEE, RAI CHATTOPADHYAY
Sunanda Chowdhury – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Arijit Banerjee, J.
1. This appeal and the writ petition have been heard together and are being disposed of by this common judgment and order as they arise from the same set of facts. In the appeal, under challenge is an order of a learned Single Judge of this Court whereby the appellants’ writ petition challenging a decision of the Purchase Committee of the Burdwan Municipality was disposed of. In the writ petition, an order of the West Bengal Land Reforms and Tenancy Tribunal is under challenge. By an order dated August 13, 2019, passed in FMA 751 of 2019, a co-ordinate Bench had directed that these two matters be heard together.
2. The appellants in FMA 751 of 2019 and the writ petitioners in WPLRT 76 of 2019, at all material times, owned substantial landed properties in the District of Burdwan, including two plots of land at Palashi and Sadhanpur. The Burdwan Municipality (in short, ‘the Municipality’) owned a plot of land at Nari, Burdwan which the Municipality proposed to use as a dumping ground for the waste products of the Municipality. There was strong public opposition to such proposal as the said plot of land was in the middle of the town. The appellants offered
The court ruled that the Municipality lacked authority to annul registered exchange deeds without prior governmental approval, and the ADM acted beyond jurisdiction by condoning appeal delays.
A government body cannot benefit from its own negligence; explanations for condonation of delay must be reasonable, and inordinate delay jeopardizes the rights of others.
The court emphasized the necessity of recording reasons in administrative decisions and ruled that the Joint Collector exceeded its jurisdiction by remanding the matter without cogent reasons.
The court established that the Limitation Act does not apply to appeals under the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987.
The revisional authority under the Bihar Tenant’s Holdings (Maintenance of Records) Act has a narrower jurisdiction than that of an appellate authority, and disputes regarding title must be resolved ....
The delay of 11 years in exercising suo motu powers renders such actions arbitrary, violating established legal rights under registered sale deeds.
Failure to record reasons for condoning inordinate unexplained delay violates natural justice; constitutes jurisdictional error warranting writ interference under Article 226 despite alternate remedy....
The court affirmed that acquisition proceedings lapsed under Section 11A of the Land Acquisition Act, and violation of the principle of Audi Alteram Partem rendered the BL & LRO's order void.
The main legal point established in the judgment is that the law of limitation has to be applied with rigor, and a satisfactory explanation is required for condonation of delay.
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