M/S Hindustan Motors Ltd. v. Board For Industrial And Financial Reconstruction & ORS

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 823/2016 M/S HINDUSTAN MOTORS LTD.

..... Petitioner Through:

Mrs. Purthi Marwaha, Ms. Hema George and Ms.

Shruti Munjal, Advocates versus BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION & ORS ..... Respondents Through:

Mr.

Raja Chatterjee, Mr.

Runa Bhuyan and Ms. Abhinandini Yadav, Advocates for State of West Bengal

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 18.04.2018 CM APPL.34895/2017 & CM APPL.34990/2017 Having heard learned counsel appearing on behalf of the petitioner, as well as, learned counsel appearing on behalf of State of West Bengal, it is evident that the land admeasuring 50 acres at Uttarpara Plant, West Bengal (for short 'subject land') for which permission for sale has been granted to the petitioner by this Court, in fact vests in the State of West Bengal and that the petitioner, who is a lessee in the subject land, cannot sell the same, without prior permission of the latter.

Learned counsel appearing on behalf of the petitioner states that they have already applied to the Land Reforms Department, State of West Bengal, for permission to sell the subject land, which is pending response from the latter.

W.P.(C) 823/2016

Learned counsel appearing on behalf of the petitioner further states that they shall not dispose of the land without prior permission from the State of West Bengal.

Counsel appearing on behalf of the State of West Bengal states that the application filed on behalf of the petitioner shall be disposed of, in accordance with law, in view of the above factual backdrop, within a period of two months from today, under intimation to the petitioner. Directed accordingly.

With the above directions, both the applications stand disposed of. SIDDHARTH MRIDUL, J VINOD GOEL, J APRIL 18, 2018 dn W.P.(C) 823/2016