MANU/WB/0327/2020

IN THE HIGH COURT OF CALCUTTA

W.P. No. 22514 (W) of 2019
Decided On: 12.02.2020
Appellants: Ganga Ferrotech Limited and Ors.
Vs.
Respondent: The State of West Bengal and Ors.
Hon'ble Judges/Coram:
Subrata Talukdar, J.
Counsels:
For Appellant/Petitioner/Plaintiff: Kalyan Kumar Bandopadhyay, Sr. Adv., Pradip
Kumar Tarafder and Sambuddha Dutta
For Respondents/Defendant: Utpal Bose, Hasnuhana Chakraborty, Debjyoti Manna,
Moumita Bhattacharjee, T.M. Siddiqui and Niloptal Chatterjee
Subrata Talukdar, J.
1. Party/parties is/are represented in the order of their name/names as printed above
in the cause title.
2. At issue in this writ petition are the respective plots of land allotted by the State
Land and Land Reforms Department in favour of the two Companies, viz. the
Petitioner No. 1 and the Respondent No. 11.
3. Both the Companies propose to do their business on their respective allotted lands
which are at Mouza- Jamuria, Dist- Paschim Burdwan.
4 . To shorten the dispute, it would be necessary to iterate the proceedings of the
meeting held on 21st of November, 2019 at the office of the Additional District
Magistrate and District Land & Land Reforms Officer, Paschim Burdwan. The meeting
was attended by all the parties, including the present petitioners and the
representatives of the private Respondent No. 11.
5. Mr. Bondopadhyay, learned Senior Counsel, submits that the proposal discussed at
the meeting on the 21st of November, 2019 placed on behalf of the Respondent No.
11, is acceptable to the petitioners.
6 . Mr. Bose, learned Senior Counsel appearing for the Respondent No. 11, seeks a
short opportunity to take instructions.
7. Mr. Siddiqui, learned Senior Government Advocate, appears for the State.
8. The proposals at the meeting held on the 21st of November, 2019 are as follows:
"In absence of the A.D.M. & D.L. & L.R.O., as directed, the Dy. D.L. & L.R.O.
took the chair and initiated discussion the following issues:-
1. Representatives of M/s. Shyam Sel & Power Ltd. Briefed that plot
no. 2 of mouza Dhasna (50) measuring an area of 23.83 acre, out of

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 total 24.83 acre, was settled in favour of their company vide order
no. 3268-GE(M)/3M-80/11 dated 18.09.2018 of the L & LR Deptt.
and the company had made the requisite payment towards Salami
and Annual Rent but still unable to take possession over 0.71 acres
of land due unauthorized encroachment by M/s. Gagan Ferrotech Ltd.
Moreover demarcation work as well as construction of boundary wall
over the settled land is being interrupted by M/s. Gagan Ferrotech
Ltd.
2 . Representatives of M/s. Gagan Ferrotech Ltd. admitted that they
have been occupying a portion of plot no. 2 for more than 10 years
and the portion is indispensible for them. They also claimed that the
matter is within the knowledge of district authority. It was further
reported that they have already prayed for LTS of the plot. Moreover
in the sanction order vide no. 3268 dated 18.09.2018 of the LR
department 1.00 acre of the suit plot has been left for ingress and
egress to their purchased plot 2/752, which is encircled by plot no.
2. A reply against earlier letter for clarification of such unauthorised
occupation dated 09.09.2019 was submitted before the A.D.M. and
D.L. & L.R.O. on 19.09.2019.
3. It was stated by the chair that the explanation is not satisfactory
to the authority. Moreover M/s. Gagan Ferrotech Ltd. has no locus
standi to occupy any Govt. land without prior sanction/settlement
from the Government.
4 . A proposal was escalated on behalf of M/s. Shyam Sel & Power
Ltd. that they may leave 30'(approx.) wide space on the west side
near Singaron channel for ingress-egress from road to plot no. 2/752
through plot no. 2 by M/s. Gagan Ferrotech Ltd. and another 0.94
acre area (approx.) where some structures have already been erected
by M/s. Gagan Ferrotech; but they need possession over remaining
23.83 acre area in plot no. 2 as per LTS granted.
5 . Representatives of M/s. Gagan Ferrotech were requested to
consider the proposal for amicable settlement elevated by M/s.
Shyam Sel. Representatives of M/s. Gagan Ferrotech prayed for time
to take up the matter with their authority. Three days was allowed to
M/s. Gagan Ferrotech and it was decided that M/s. Gagan Ferrotech
should positively give a written feed back within the stipulated
period.
6 . It was also resolved that if the matter is not settled amicably,
action will be taken as per law. In that case M/s. Gagan Ferrotech
has to remove all its structures from 1.71 acre on the suit plot.
Moreover M/s. Shyam Sel will be allowed to take over possession of
leased out area (23.83 acre) and necessary legal action will be
taken, if required.
7 . Both the companies were directed to restrain from creating
impediment to the water stream of Singaron channel or polluting the
water by way of direct or indirect disposal of solid waste of the
factories in to the channel.

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 There being no other issues remaining, the meeting ended with thanks to and
from the chair."
9. Having heard the parties and considering the materials placed, the matter be now
placed before the Principal Secretary, Land and Land Reforms and Refugees Relief
and Rehabilitation Department, Government of West Bengal/the Respondent No. 1,
who shall take a reasoned decision emanating from the proposals as recorded in the
proceedings of the meeting (supra).
1 0 . Needless to iterate that the Principal Secretary will keep in mind both the
exigencies of egress and ingress as well as the smooth conduct of business by both
the petitioner No. 1 and the Respondent No. 11.
11. The Principal Secretary is expected to complete the above directed exercise not
later than a period of five weeks from the date of communication of this order.
12. WP No. 22514 (W) of 2019 stands accordingly disposed of.
13. Documents produced in Court today be retained with the record.
14. Since affidavits are not invited, allegations made in the writ petition are deemed
not to have been admitted.
15. Urgent Photostat certified copies of this order, if applied for, be given to the
parties upon compliance of all necessary formalities.
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