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Judgment
The appeal has been preferred against an order dated 12th September, 2014, passed by the learned Single Judge in W. P. 20999 (W) of 2013 (Mihir Kumar Das Vs. State of West Bengal & Ors.).
The appellants before us are Kolkata Metropolitan Development Authority, M & M Unit, K.M.D.A. and its other authorities.
According to the learned advocate for the appellants, the learned Single Judge while allowing the writ petitioner to make payment within 25th September, 2014, in respect of a demand made by Kolkata Metropolitan Development Authority in terms of a letter dated 18th March, 2013, did not take into consideration the interest component as specified in the said letter of demand.
On the other hand, learned advocate appearing on behalf of the respondent/writ petitioner submitted that when her client went to make payment in terms of the order dated 12th September, 2014, Kolkata Metropolitan Development Authority did not accept such payment in spite of a valid and subsisting order.
Based on the above background, this Court had passed an order on 2nd March, 2017, and kept the matter adjourned for a fortnight to enable the respondent/writ petitioner?s advocate to take instruction in the matter so that in the event, her client is ready and willing to make payment in terms of the notice of demand dated 18th March, 2013, the appeal can be disposed of on the next date.
Today, at the time of hearing, learned advocate appearing on behalf of the respondent/writ petitioner submits that her client is ready and willing to make payment in terms of the notice of demand dated 18th March, 2013.
As such, we are of the view that in the facts and circumstances of the instant case, interest will be sub-served if we allow the respondent/writ petitioner to make payment in terms of the notice of demand dated 18th March, 2013, with interest as specified in the said letter of demand, to be calculated upto 25th September, 2014, being the date determined by the learned Single Judge. If payment is made in terms of this order within four weeks from date, Kolkata Metropolitan Development Authority shall handover possession of the land to the respondent/writ petitioner in accordance with law.
The appeal and the application for stay stand disposed of accordingly.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.