AI Structured Summary
Not yet generated for this judgment
Judgment
Subrata Talukdar, J
Party/parties is/are represented in the order of their name/names as printed above in the cause title.
This Court is informed that a draft Deed of Conveyance is lying with the Kolkata Municipal Corporation (KMC), the intending purchaser.
Mr. Basu, learned Senior Counsel, draws the attention of this Court to an earlier order of the Hon'ble Single Bench dated 22nd June, 2017. The order, inter alia, reads as follows:-
"The parties have now come to a consensus for settling their disputes between them once for all.
Mr. Majumdar, learned Additional Advocate General submits on instruction from his clients that the State Government has taken a decision to purchase the property in question from the petitioner at a price of Rs.8,77,44,150.00 which is assessed as the base value of the land in dispute by the Inspector General of Registration & Commissioner of Stamp Revenue, West Bengal as indicated in his report dated 4th May, 2017.
Though Mr. Basu, learned senior counsel appearing for the petitioner/applicant disputes the correctness of the report submitted by the Inspector General of Registration & Commissioner of Stamp Revenue, West Bengal, but, considering the report of the said Inspector General of Registration & Commissioner of Stamp Revenue, West Bengal as a whole, this Court is of the view that the valuation of the said property will not be more than Rs.8,80,00,000/- (Rupees Eight crore eighty lakh only).
Accordingly, this Court directs the State-respondents to deposit the balance amount of sale price i.e. Rupees Two crore eighty lakh only (Rs.8,80,00,000/- minus Rs.6,00,00,000/- = Rs.2,80,00,000/-) with the learned Registrar General of this Court within eight weeks from date.
The writ petitioner/applicant is permitted to withdraw a sum of Rs.2,00,00,000/- (Rupees Two crore only) out of the deposited amount of Rs.6,00,00,000/- together with the interest accrued thereon upon compliance of the necessary formalities in this regard.
Learned Registrar General of this Court is, thus, directed to pay the remainder of the earlier deposit amounting to Rs.2,00,00,000/- (Rupees Two crore only) together with accrued interest on the earlier deposit to the writ petitioner/applicant upon compliance of necessary formalities in this regard.
The writ petitioner/applicant is directed to execute and register a proper deed of conveyance in favour of the State of West Bengal within ten days after receipt of the intimation from the State Government about the deposit of the balance sale price.
The remaining amount which will be deposited by the State Government towards the sale price, as stated above, will be permitted to be withdrawn by the writ petitioner/applicant after execution of the deed of conveyance in favour of the State Government.
Let this matter appear in the list on 31st August, 2017 at 4.00 p.m. for ascertaining compliance of this order."
Mr. Basu submits that the petitioner, who is a Senior Citizen aged around 75 years, is willing to fulfill her obligations towards completing the registration of the Deed.
Accordingly, the KMC, being the intending purchaser, is directed to execute and register the Deed of Conveyance by the 11th of September, 2019.
The KMC will report execution and registration on the next date.
Let the matter appear next under the same heading 'Other Applications' by date on the 13th of September, 2019.