NEW DELHI: It is literally a 14-year-long kachcha-banian fight by a reputed hosiery manufacturing company to get hold of an acre of land in New Town, Kolkata. The Supreme Court on Wednesday gave an ultimatum to the West Bengal chief secretary – register the sale deed by March 2 or remain present in court.
Rupa & Co were allotted the land in 2011 for establishing a modern showroom and manufacturing unit. It fully paid the cost of the land to the state government, but has been waiting since then, despite orders in its favour from Calcutta high court, for execution of the conveyance/sale deed, without which it cannot utilise the land.
Senior advocate Nalin Kohli told a bench of Justices B R Gavai and A G Masih that a division bench of the HC had on Feb 10, 2020, ordered the state to register the allotted land in favour of Rupa. When the HC directions remained non-complied, the petitioner had filed repeated contempt petitions.
Despite the HC judgment attaining finality and the only question remaining before the court was the implementation of its order, the HC rather surprisingly took note of the advocate general’s request for allotment of an alternative land of same area and referred the matter to mediation for amicable resolution, Kohli said and argued that such a course was not open for the HC in contempt proceeding.
The bench agreed with the counsel and said if found the HC’s approach untenable, especially when the HC had on multiple occasions entertained contempt petitions and ruled that the state was bound to comply with its 2020 order.
The bench said the HC could not have referred the matter for resolution through mediation solely based on the AG’s submissions, that too without the petitioner’s consent. “The majesty of law requires due obedience to the HC order, especially when the state’s appeal against it has been rejected by the SC,” Justice Gavai-led bench said.
“This is a serious issue of maintaining the dignity and authority of the HC. Obedience of mandamus concerned. If the HC is not concerned about its dignity, then we are,” it said.
Directing the state chief secretary to comply with the HC’s 2020 order by March 2 or remain present before it, the bench said it finds that the state’s approach in the case contumacious as it dared to seek the present market value of the land after the petitioner had succeeded before the HC and the SC.
