The State of West Bengal & Anr. Vs M/S Desire Agro Resorts Dev.Pv T Limited & Ors. — Calcutta HC (2024) — LawSathi Research

The State of West Bengal & Anr. Vs M/S Desire Agro Resorts Dev.Pv T Limited & Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Both appeals (FMA 210 of 2018 and FMA 547 of 2018) disposed of on the basis of the out-of-Court compromise embodied in joint compromise applications CAN 6 of 2024 and CAN 3 of 2024 respectively; connected applications disposed of; no order as to costs.

Issue for consideration

Whether the joint compromise applications (CAN 6 of 2024 in FMA 210 of 2018 and CAN 3 of 2024 in FMA 547 of 2018), recording the parties' out-of-Court settlement, ought to be accepted and the appeals disposed of in terms thereof.

Court's answer

Having reviewed the terms and conditions of the joint compromise applications, the Court was satisfied that the terms are lawful and there is no impediment to accepting the compromise arrived at between the parties out of Court.

Ratio / Principle

The appeal in FMA 210 of 2018 stands disposed of on the basis of the compromise as per the terms in CAN 6 of 2024, and the appeal in FMA 547 of 2018 stands disposed of in accordance with the terms in CAN 3 of 2024; both appeals and the connected applications are disposed of, with no order as to costs.

Detailed headnote1 paragraphs

Land acquisition challenge ends in consensual disposal — FMA 210 of 2018 (State of West Bengal & Others v. Subrata Basu & Others) and FMA 547 of 2018 (State of West Bengal & Others v. M/s. Desire Agro Resorts Development Pvt. Ltd. & Ors.), heard together for thematic unity. The writ petitions had been disposed of by two orders; intra-court appeals MAT 2029 of 2016 and MAT 1558 of 2017 were dismissed on 10th August 2017 and 22nd August 2017; SLP(C) 27365 of 2017 and SLP(C) 28628 of 2017 resulted in a Supreme Court order dated 10th April 2024 setting aside the High Court orders and remitting the matters for fresh consideration in light of the Judgment in Indore Development Authority (supra), with all contentions including settlement kept open. Before adjudication on remand, the parties amicably settled out of Court and filed joint compromise applications CAN 6 of 2024 and CAN 3 of 2024. The Division Bench (Partha Sarathi Chatterjee and Tapabrata Chakraborty, JJ.) found the terms lawful, saw no impediment to accepting the compromise, and disposed of both appeals and connected applications in terms thereof, with no order as to costs.

19.12.2024 Jayanta/CT-11 02 & 03

FMA 210 of 2018

IA No.: CAN 1 of 2017 [Old No.: CAN 1754 of 2017] + IA No.: CAN 4 of 2017 [Old No.: CAN 2991 of 2017]

State of West Bengal & Others

– Versus – Subrata Basu & Others + IA No.: CAN 6 of 2024 [Joint Compromise Application]

State of West Bengal & Others - Applicants.

With

FMA 547 of 2018

State of West Bengal & Others – Versus – M/s. Desire Agro Resorts Development

Pvt. Ltd. & Ors.

IA No.: CAN 3 of 2024 [Joint Compromise Application] State of West Bengal & Others - Applicants.

Md. T. M. Siddiqui, Ld. AGP Mr. Tanoy Chakraborty Mr. S. Adak, … for the Appellants/ Applicants [in both the appeals].

Mr. Saurabh Guhathakurata. Ms. Tanuka Basu, [through VC]

… for the Respondents [in both the appeals] / Applicants in CAN 6 of 2024 in FMA 210 of 2018 and CAN 3 of 2024 in FMA 547 of 2018.

Mr. Satyajit Talukdar Mr. Arindam Chatterjee

… for the KMDA [in both the matters].

For having thematic unity, both appeals are heard together.

2

In the present case, two writ petitions were filed challenging the land acquisition proceedings. These writ petitions were disposed of by two separate orders.

Challenging the said orders, two separate intra-court appeals being MAT 2029 of 2016 and MAT 1558 of 2017 were filed, which were dismissed by two different orders dated 10th August 2017 and 22nd August 2017.

Challenging the aforesaid two orders, two separate Special Leave Petitions vide. Special Leave Petition (C) 27365 of 2017 and Special Leave Petition (C) 28628 of 2017, were filed.

The Hon'ble Supreme Court disposed of the aforementioned Special Leave Petitions by an order dated 10th April 2024.

The operative part of the said order runs as follows:

‘In view of the above, the impugned orders passed by the High Court are set aside and the matters are remitted to the High Court for fresh consideration in the light of the Judgment in the case of Indore Development Authority (supra).

It is clarified that all contentions including proposal of settlement are kept open to be raised by both the parties as may be legally permissible.

The appeals stand disposed of in above terms.’

In view of the above-referred order of the Hon’ble Supreme Court, the present appeals have come before this Court for disposal.

3

During the pendency of these appeals, the parties have amicably settled the disputes involved in these two appeals out of Court and have filed two joint compromise petitions, namely, CAN 6 of 2024 in FMA 210 of 2018 and CAN 3 of 2024 in FMA 547 of 2018.

We have carefully reviewed the terms and conditions set forth in these applications, on the basis of which the parties have settled their disputes. We are satisfied that the terms and conditions are lawful, and therefore, there is no impediment to accept the compromise arrived at by the parties out of Court.

Accordingly, the appeal in FMA 210 of 2018 is disposed of on the basis of the compromise, as per the terms and conditions set forth in CAN 6 of 2024. Similarly, the appeal in FMA 547 of 2018 is also disposed of on the basis of the compromise, in accordance with the terms and conditions incorporated in CAN 3 of 2024.

With the above observations and orders both the appeals and the connected applications are disposed of.

There shall, however, be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)