M/S Corona Steel Industry Private Limited v. State Of West Bengal And ORS.

24.12.2021 Item No.44.

Court No.6.

AB M.A.T. 1115 of 2021 With I A CAN 1 of 2021 M/s. Corona Steel Industry Private Limited Vs The State of West Bengal & Others Mr. Jayak Gupta, Mr. Partha Chakraborty ...for the Appellant. Mr. Chandi Charan De, Mr. Soumitra Bandyopadhyay, Mr. Priyabrata Batabyal ...for the State.

Mr. Shamit Sanyal, Ms. Manika Roy ....for the N.H.A.I.

By consent of the parties, the appeal and the application are taken up together for hearing. The appellants have taken inspection of the original records of this case as per liberty granted by our earlier order dated December 16, 2021.

Today, it is submitted on behalf of the appellants that the records reflect that a cheque, on account of compensation for the acquisition in question, was made over to the learned Advocate for the landowners. However, it is not clear whether the landowners actually received the compensation amount.

The appellants are subsequent transferees. They may have struck a bad deal by purchasing land, which already stood acquired. However, they cannot in any manner be interested in whether or not the original landowners actually received any compensation.

They say that they have purchased the land for valuable consideration. They also say that there are loopholes in the acquisition proceeding and they would like to challenge such proceeding. For challenging the acquisition proceeding, they do not require any liberty from us. If they are entitled to challenge such proceedings under the law, they may do so.

Nothing survives of the appeal.

Since we have not called for affidavits, the allegations in the stay petition are deemed not to be admitted by the respondents.

The appeal being MAT 1115 of 2021 along with IA CAN 1 of 2021 are disposed of.

Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Kausik Chanda, J.) (Arijit Banerjee, J.)