Before the Learned Special Land Acquisition
Officer, South 24 Parganas
Office of the Collector, South 24 Parganas
Land Acquisition Department
New Treasury Building, (5th Floor),
Alipore, Kolkata – 700027
Ph. No. 2448-3945/46, Fax No. 2479-0182
Email : spllaos24pgs@gmail.com
Ref.:
Memo No. LA/2609, dated 12/05/2022
Reg.:
WPA/1999/2021
In
the matter of :
Subhas
Chandra Kar
- Versus –
State
of West Bengal & Others
The
humble Submissions of Brief Notes on behalf of the Petitioner, most
respectfully;
BRIEF NOTES
Submissions as
under ;
1.
The
Order dated 22nd day of March’ 2022, passed by the Hon’ble High
Court Calcutta in regarding the above Writ Petition has been communicated to
you along with a copy of Writ Petition with all annexures.
2.
Notice
of acquisition dated 01.12.1983, was never served upon the petitioner which is
mandatory for effective acquisition.
3.
Neither
the notice of award or compensation was served upon the petitioner, nor any award
given to the petitioner.
4.
Notice
of acquisition was never published openly.
5.
The
petitioner has never been parted with his possession. Even if, for the sake of
argument, it is accepted that on 01.12.1983 notice under section 4(1a) was
served upon the petitioner, then on considering uninterrupted possession of the
petitioner of the land, the law of Adverse Possession will decide the issue,
since for the government, the time limit is 30 (thirty) years. The State in
such circumstance cannot claim and/or take possession of the land of the
petitioner.
6.
What
the state is now claiming about operation of Section 4(1a) on 01.12,1983, was
not placed during hearing of C.R. 13237-38(W) of 1979, the copy of the order of
the said case has been annexed in the Writ Petition.
It
is therefore prayed that the alleged acquisition proceeding wherein notice
under section 4(1a) was issued on 01.12.1983 must be set aside.
Enclosing
herewith the following copies;
a) Printout copy
of the memo issued by you;
b) Photostat copy
of Certified Copy of Order dated 22-03-2022;
c) Photostat copy
of the Writ Petition along with all annexures;
District :South 24 Parganas
Before the
Learned Special Land Acquisition Officer, South 24 Parganas, Office of the
Collector, South 24 Parganas, Land Acquisition Department, New Treasury
Building, (5th Floor), Alipore, Kolkata – 700027, Ph. No.
2448-3945/46, Fax No. 2479-0182, Email : spllaos24pgs@gmail.com
Memo No.
LA/2609, dated 12/05/2022
In
the matter of :
Subhas
Chandra Kar
-
Versus
–
State
of West Bengal & Others
BRIEF NOTES
Advocate – on –
record :
Ashok Kumar Singh,
Advocate
High Court Bar
association Room No. 15, High Court at Calcutta
Mobile Number :
9883070666 / 9836829666
VAKALATNAMA
Before the Learned Special Land Acquisition
Officer, South 24 Parganas
Office of the Collector, South 24 Parganas
Land Acquisition Department
New Treasury Building, (5th Floor),
Alipore, Kolkata – 700027
Ph. No. 2448-3945/46, Fax No. 2479-0182
Email : spllaos24pgs@gmail.com
Ref.:
Memo No. LA/2609, dated 12/05/2022
Reg.:
WPA/1999/2021
In
the matter of :
Subhas
Chandra Kar
- Versus –
State
of West Bengal & Others
KNOW ALL MEN by
these presents that I / We Shri Subhash Chandra Kar, Son of Late
Shananda Kar, presently residing at CF-334, Sector – I, Bidhan Nagar, Police
Station – Bidhannagar East, Kolkata – 700064, District – North 24 Parganas, West Bengal. do hereby
constitute and appoint the under mentioned Advocate, Pleader, Vakils, jointly
and each of them severally to be pleader of take such steps and proceedings as
may be necessary on my / our behalf and for that purpose to make sign, verify
and present all necessary petitions, plaints, written statements and other
documents and do nominate and appoint or retain senior counsels, vakil,
advocates and other persons, lodge and deposits moneys and documents and other
papers in the Ld. Court and the same again withdraw and to take out of Court
and to obtain or grant as the case may be effectual receipts and discharge for
the same and for all moneys which may be payable to me / us in the premises. To
enter into compromise with my / our approval and withdraw, all moneys from the
court AND GENERALLY to act in the
premises and proceedings arising there out whether by way of execution, review,
appeal, or otherwise or in any manner contested there with as effectually and
to all intents and purpose as I / We could act if personally present and such
substitution and as pleasure to revoke I / We hereby ratifying and agreeing to
confirm whatever may be lawfully done by virtue hereof. In witness whereof this
Vakalatnama has been executed by me / us.
This the …………………day of ………………2022.
Sri Ashok Kumar Singh, Advocate. High Court Bar Association
Room No. 15, High Court at Calcutta. Mobile Number : 9883070666 / 9836829666,
E-mail : aksinghadvocate@rediffmail.com
Sri Sanjib Badyopadhyay, Advocate. High Court Bar
Association Room No. 14, High Court at Calcutta. Mobile Number : 9883279230,
Email : sanjib192@rediffmail.com
Miss Suchitra Chakraborty, Advocate. Sri Biplab Some,
Advocate. Sri Pritam Das, Advocate
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