To,
The Officer – in – Charge,
Beleghata Police Station,
P-57, CIT Road, Kolkata-700010. Dated : 4th
day of August’ 2012.
___________________________
Reg.: Complaint
against Councillor of Ward no. 34, Smt. Jhuma Das, Boroug – III, Chairman Sri
Rajiv Biswas, of the Kolkata Municipal Corporation, Sri Paresh Paul, M.L.A,
Beleghata Constituency, and Smt. Uma Banerjee, President of Purba Kolkata
Gandhi Smrak Samity, Beleghata, for trespassing, and causing illegal acts as to
endavour for constructions of boundary walls and other works related thereto,
and for wrongful confinement by them and their men and agents, at the premises
being no. 150B, Dr. Suresh Chandra
Banerjee Road, Kolkata – 700 010.
Dear Sir,
This is to inform you, that our
father Samarendra Kumar Ghosh ( deceased ) Son of Late Birendra Kumar Ghosh,
purchased all that piece and parcel of Land measuring about 29 Cottahas along
with a pucca structure lying and situate at Holding no. 15, 16, 18, under the
jurisdiction of Beliaghata Police Station, being Corporation premises being no.
150B, Beliaghata Main Road ( subsequently known as Dr. Suresh Banerjee Road ),
from one Hosina Bai by virtue of a Deed of Conveyance dated 16-09-1970, vide
being Deed no. 1473 for the year 1970, and the said Samarendra Kumar Ghosh also
purchased a plot of Land measuring about 16 Cottahas lying and situate at
Holding no. 15, 16, 18, under the jurisdiction of Beliaghata Police Station,
being Corporation premises no. 150B, Beliaghata Main Road, ( subsequently known
as Dr. Suresh Banerjee Road ), from one Hosina Bai, by virtue of a Deed of
Conveyance dated 11-08-1971, vide Deed no. 1040 for the year 1971. and whereas
subsequently both the properties had been amalgamated and recognized by the
Kolkata Municipal Corporation as a premises being no. 150 B, Dr. Suresh Chandra
Banerjee Road, Kolkata – 700 010.
That in the year 1982, the Govt.
of West Bengal allegedly acquired a portion of 15 cottahas of Land with
structure along with adjacent road of 20’ feet, which has been demarcated by
the PWD department, though no proceeding has ever been initiated to acquired by
the State Govt. and did not pay any compensation in lieu of the said acquire of
the portion of the property. The several visit to the Collector and
representation has been made to the Govt. of West Bengal though nothing has
been yield.
That the said Building, which has
been allegedly acquired by the State Govt, has been marked and acknowledged as
GANDHI BHAWAN, though no actual ownership has ever been recognized in favour of
the state Govt., and since the total property including the premises of the
said building belongs to Samarendra Kumar Ghosh, and whereas on his expiry we are
as son & legal heirs become the absolute owners of the total property.
That a financial assistance was
sanctioned by the United Bank of India, Trivoli Park Branch in our favour in
respect of a plot of Land measuring about 16 Cottahas lying and situate at
Holding no. 15, 16, 18, under the jurisdiction of Beliaghata Police Station,
being Corporation premises no. 150B, Beliaghata Main Road, ( subsequently known
as Dr. Suresh Banerjee Road ), from one Hosina Bai, by virtue of a Deed of
Conveyance dated 11-08-1971, vide Deed no. 1040 for the year 1971, and
recognized by the Kolkata Municipal Corporation as a premises being no. 150 B,
Dr. Suresh Chandra Banerjee Road, Kolkata – 700 010.and whereas some portion of
the said property has only been mortgaged to the said Bank by us, in accordance
with the law and our rights in perpetuity granted under the Law of Lands.
That it is very pertinent to
state that we are regularly paying the taxes of the Kolkata Municipal
Corporation in respect of the total properties, and the State Govt. did not pay
any taxes to the Kolkata Municipal Corporation in respect of the property
allegedly acquired by the state govt., it is also state that the portion of the
property allegedly acquired by the state govt. has never been mutated in it’s
name till date, and whereas the total property still lying in our name and
whereas we are only the actual owners of the total properties as described
herein above, and whereas the state govt. did not establish it’s ownership, if
any, in accordance with the specified provisions of Laws of Land, thus the
state Govt., in it’s entirety failed to established it’s ownership on the
alleged acquired property, if any, in any manner, thus the state govt, and it’s
authority become the trespasser upon the alleged portion of the said property
and unauthorized persons to enjoy the said property as an owner.
That our father Samarendra Kumar
Ghosh ( now deceased ), had filed one Writ application being W.P. no. 12990 (w)
of 2009, against (1) the State of West Bengal, (2) The Principal Secretary,
Govt. of West Bengal, (3) The Land Acquisition Collectore, Kolkata, (4) The
Deputy Commissioner of Police, Eastern Suburban Division, Beliaghata, (5) The
Officer – in – Charge, Beliaghata Police Station, and (6) The President, Purba
Kolkata Gandhi Smarak Samity, Beliaghata. And whereas on 10-01-2011, the said
writ petition was taken up for hearing before the Hon’ble Mr. Justice Soumitra Pal, and His Lordship
passed the necessary order with specific
direction upon the Land Acquisition Collector, Kolkata, though nothing has been
acknowledged and or any reasoned order has ever been passed by the said
Acquisition Collector, kolkata, and thus in such purported manner we are still
in dark to know the actual ownership if any of the State Govt.
That on 3rd day of
August’ 2012, at about 10.30, while we visited plot of Land measuring about 16
Cottahas lying and situate at Holding no. 15, 16, 18, under the jurisdiction of
Beliaghata Police Station, being Corporation premises no. 150B, Beliaghata Main
Road, ( subsequently known as Dr. Suresh Banerjee Road ), we got astonished to
see that some of the labours having
bricks and other building materials, causing endavour to dig earth for
construction of boundary walls, and whereas we objected for that and asked
them, as to who engaged them for such purported works, then they said that the
Kolkata Municipal Corporation, engaged them for such work, we obstructed to
such work, since the said particular property is belong to us, and we are
paying regular taxes, in respect of such property, then how the K.M.C. can came
and take the endavour of construction of Boundary Walls, on our property.
That today, ( i.e. 04-08-2012 ), while
we visited at around 12.30 p.m. we find that some other men are discussing with
those labours and massions for construction of boundary walls on our such
property, then we met with them and came to know that they are the men and
agents of “Purba Kolkata Gandhi Smrak
Samity, Beleghata”, having office at GANDHI BHAWAN, premises being no. 150B,
Dr. S.C. Banerjee Road, Kolkata – 700 010. then we met with Smt. Uma Banerjee,
President of Purba Kolkata Gandhi Smrak Samity, Beleghata, who said that the
Kolkata Municipal Corporation engaged those Labours for construction of walls
and other works for beautification of such property and recognized as “GANDHI
MAIDAN”, and where as the men and agents of such organization engaged into care
of them. Though She said that She is not in the knowledge whether the Govt. or
the Kolkata Municipal Corporation ever acquired such property, and subsequently
she failed to produce any such notification of the State Govt. She also state
and acknowledge that Councillor of Ward no. 34, Smt. Jhuma Das, Boroug – III,
Chairman Sri Rajiv Biswas, of the Kolkata Municipal Corporation, Sri Paresh
Paul, M.L.A, Beleghata Constituency, have taken such endavour on behalf of the
Kolkata Municipal Corporation and the State Government.
That thus they trespassing, and
causing illegal acts as to endavour for constructions of boundary walls and
other works related thereto, and for wrongful confinement by them and their men
and agents, at the premises being no. 150B, Dr. Suresh Chandra Banerjee Road, Kolkata
– 700 010.
That the entire activities of the
Kolkata Municipal Corporation and Purba Kolkata Gandhi Smrak Samity, Beleghata,
are not in accordance with the Law of Land, and they are causing and taken
endavour to grab and encroach the property, which exclusively belong to us, and
they are stranger person, having no rights, title, and or interest on such
property, in any manner, whatsoever.
That we tried our afford best to
make them understand as to not act in such purported purposive manner, then
they become furious enough and threatened to cause such work, and did not heed
to us.
That in view of such facts, we
hereby requesting you to lodge this facts as F.I.R. and cause necessary
investigation into this matter, and to cause necessary steps to protect our
property, from such illegal acts and persons engaged therein.
Hope to get your kind co-operation at all
time, in this regard to prevail Law and order, and more particularly to protect
our property.
For any other or further
Clarification you may contacts us at our residence at premises being no. 21,
Barwaritala Road, Kolkata – 700 010, and also at our Telephone number 033 –
23706344, any time at your convenience.
Thanking you,
Yours’ faithfully,
Sri Soumyendra Ghosh,
Son of Late Samarendra Kumar
Ghosh,
21, Barwaritala Road, Kolkata – 700 010
Sri Manabendra Ghosh,
Son of Late Samarendra Kumar
Ghosh,
21, Barwaritala Road, Kolkata – 700 010
Copy to :
The Branch Manager,
United Bank of India,
Trivoli Park
Branch,
Kolkata.
{ for information & necessary
action }
