Calcutta High Court directs state to probe into government land sale to private housing society

Kolkata: The Calcutta High Court has directed the state to investigate persons involved in the sale of immovable properties, acquired by the state ostensibly for public purposes, to a renowned private housing society in Kolkata’s Kasba area in 1990.

The matter before the bench of Justice Debangsu Basak and Justice Shabbar Rashidi involved one particular plot of land (plot No. 2426) in question. The private housing society claimed that the state was supposed to give this plot to them as it was in the middle of the other plots sold to them by the state government by virtue of the registered deed of sale dated December 29, 1990.

The counsel representing the private body submitted that Kolkata Metropolitan Development Authority (KMDA) had agreed to hand over plot No. 2426 in exchange for plots given to KMDA by the state.

The court observed that the plot no. 2426 was not part of the deed of sale between the private body and the state. There is no document or any other cogent evidence to corroborate the claim that KMDA had agreed to sell the plot to the private body. The KMDA also categorically denied such an arrangement with the housing society which failed to prove its right, title and interest in respect of the plot concerned, the court felt. The court observed that land belonging to the state was apparently sold to a private housing society and nothing was placed on record on behalf of the either parties to substantiate that the sale of the land took place by a process which is not violative of Article 14 of the Constitution.

In the absence of materials for proving it was not violative of the Constitution, the court directed the state to investigate the persons involved in deciding to sell the immovable property in favour of the private housing society by the registered deed of conveyance dated December 29, 1990 and take appropriate and suitable steps with regard to it.