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2025 DAILYLAW 17581 (CAL)

VIJAY KUMAR BANSAL v. KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY AND ORS.

WPA/7524/2023 · 2025-04-03

Partha Sarathi Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S/L 7 03.04.2025 Court. No. 236 Suvayan WPA 7524 of 2023 Vijay Kumar Bansal Vs. Kolkata Metropolitan Development Authority & Ors. Mr. Arif Ali …for the petitioner. Mr. Naba Kumar Das Mr. Pathik Bandhu Banerjee …for the respondents/KMDA. 1. By filing the instant writ petition the writ petitioner has prayed for issuance of appropriate writ or writs against the respondents that is the Kolkata Metropolitan Development Authority (KMDA) and its functionaries to take appropriate steps in terms of the order dated 19.07.2018 as passed by a co-ordinate Bench in WP 11970 (W) of 2018. 2. In course of hearing Mr. Ali, learned Advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page no. 101 of the writ petition being a copy of the certified copy of the order dated 19.07.2018 as passed in WP 11970 (W) of 2018. 3. For effective adjudication of the instant lis the last paragraph of the said order dated 19.07.2018 as passed by a co-ordinate Bench is required to be looked into and the same is quoted hereinbelow in verbatim: “The writ petition is thus disposed of directing the KMDA to execute and register 2 the deed of lease within six months from date subject, however, to the deposit of all amounts, if there be any remaining and fulfillment of other formalities required for.” 4. It is thus submitted on behalf of the writ petitioner that appropriate relief/reliefs may be granted to the writ petitioner in terms of the prayer made in the instant writ petition. 5. In course of his submission Mr. Das, learned Advocate appearing on behalf of the respondents/authorities in his usual fairness submits before this Court that he has instruction from his client to submit before this Court that the order dated 19.07.2018 as passed in WP 11970 (W) of 2018 will be complied with shortly. 6. After hearing the learned Advocates for the contending parties and on careful consideration of the entire materials it appears to this Court that since the order dated 19.07.2018 as passed in WP 11970 (W) of 2018 has already reached its finality the respondents/authorities are duty bound to carry out the direction as passed on 19.07.2018. 7. In view of such, while disposing the instant writ petition this Court directs the respondents i.e., the KMDA and its functionaries to execute and register the deed of lease in respect of plot no. 5, CIT Scheme VIII M positively within 30 days from the date of communication of the order subject to deposit of all amounts, if there be any, remaining and fulfillment of 3 other formalities required for and the respondents/authorities are further directed to hand over possession of the said plot to the writ petitioner (lessee) immediately after execution and registration of the deed of lease. 8. It is made clear that the time limit as fixed by this Court is mandatory and peremptory. 9. With the aforementioned observation, the instant writ petition being WPA 7524 of 2023 is disposed of. 10. The respondents/authorities are directed to act on the server copy of this order. 11. Learned Advocate for the respondents/authorities is hereby requested to forward a server copy of this order to the respondents/authorities for their immediate compliance. 12. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Partha Sarathi Sen, J.)