IRA BASU CHOWDHURY & ORS. Vs. CALCUTTA METROPOLITAN DEV.AUTH. & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 2148 of 2006, Judgment Date: Jan 20, 2016

                                                              NON-REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 2148 OF 2006

IRA BASU CHOWDHURY & ORS.                                       Appellant(s)
                                VERSUS

CALCUTTA METROPOLITAN DEV.AUTH. & ORS.                         Respondent(s)

                               J U D G M E N T
KURIAN, J.
      The appellants are essentially aggrieved by the interference  made  by
the High Court on the land value fixed by the Reference Court on the  ground
that the Requisitioning Authority was not put to notice while the  Reference
Court fixed the land value.
       Mr.  Jaideep  Gupta,  learned  senior  counsel  appearing   for   the
appellants, has invited our attention that in any case,  the  Requisitioning
Authority may not have any difficulty in accepting the  land  value  at  the
rate of Rs. 10,000/- per cottah, since the said value has been  accepted  by
the first respondent in LRA Case No. 363/93(v) in respect of  the  adjoining
land.
      In our opinion, this is certainly a matter for the Reference Court  to
consider while disposing of the case as per  the  direction  issued  by  the
High Court in the impugned Judgment.
      In order to avoid further delay,  we  direct  the  parties  to  appear
before the Reference Court on 15.02.2016.
      In view of the  above,  this  civil  appeal  is  disposed  of  with  a
direction to the Reference Court to dispose of the reference  in  accordance
with law within a period of two months from the date mentioned above.
      There shall be no order as to costs.

                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                    [ ROHINTON FALI NARIMAN]

      New Delhi;
      January 20, 2016.