(B.R. Gavai, C.J. and K. Vinod Chandran and N.V. Anjaria, JJ.)
Brij Ratan Mohta (Dead), through LRs. _________________ Petitioner;
v.
Amarendra Kumar Singh and Others _________________ Respondent(s).
Special Leave Petition (C) No. 2998 of 2021, decided on November 17, 2025
The Order of the court was delivered by
Order
1. An acquisition initiated in the year 1976 of approximately 0.2376 acres of land, described as premises Nos. 3-4/1, Sarbamangala Lane, Kolkata, leading to a prolonged litigation by the original landowner, carried on by his children after his demise, has now been settled. During the course of the proceedings, the landowner/original petitioner had received Rs. 5,75,00,000/- (Rupees Five Crores and Seventy-Five Lakhs) without prejudice to his rights and contentions. In the meantime, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20131 came into force and the landowners raised a claim for adequate compensation by way of an award under the Act of 2013. The present SLP arose from an order of the Division Bench of the Calcutta High Court, declining initiation of contempt proceedings, recording inability expressed by the respondent State and the Kolkata Metropolitan Development Authority (KMDA) to resume possession of the acquired property. All the same, the High Court permitted the petitioners to agitate their cause for adequate compensation before an appropriate forum under the Act of 2013.
2. This Court in the SLP directed a mediation and referred the same to Hon’ble Mr. Justice Sanjib Banerjee, retired Chief Justice of the High Court of Meghalaya, who was appointed as the Mediator. The mediation has been fruitful, and the legal representatives of the landowner/petitioners herein has received Rs. 5,85,71,977/- in full and final settlement of the claim of acquisition of the premises. The terms of the settlement have been recorded by the Hon’ble Mediator as under:—
1. THE PARTIES OF THE FIRST PART AND THE PARTY OF THE SECOND PART AND THE CONFIRMING PARTY mutually agree and accept that THE PARTY OF THE SECOND PART AND THE CONFIRMING PARTY will voluntarily pay a further sum of Rs. 5,85,71,977/- (Rupees Five Crores Eighty-Five Lakhs Seventy-One Thousand Nine Hundred Seventy-Seven Only) in addition to the sum of Rs. 5,76,53,670/- (Rupees Five Crores Seventy Six Lakhs Fifty Three Thousand Six Hundred Seventy Only) already paid to THE PARTIES OF FIRST PART in full and final settlement for acquiring full and complete ownership of the said premises.
2. The PARTIES OF THE FIRST PART and the PARTY OF THE SECOND PART AND THE CONFIRMING PARTY agree that the aforesaid amount shall amount be paid to the PARTIES OF THE FIRST PART by November 14, 2025. The PARTIES further agree that the settlement amount shall be divided equally between Mr. NEELRATAN MOHTA (Permanent Account Number AEJPM2715H) and Mr. NAVRATAN MOHTA (Permanent Account Number AEJPM2792L) and the mode of payment shall be by demand drafts in their individual names.
(The parties referred to above as the parties of the first part are Neelratan and Navratan Mohta; the party of the second part is the First Land Acquisition Collector, Kolkata; and, the confirming party is the Kolkata Metropolitan Development Authority, the original requiring authority.)
3. We see from the report of the Hon’ble Mediator that initially there was no hope for settlement due to the huge demand raised by the landowner which though reduced considerably later, still a stalemate existed for reason of the State not relenting, even to the reduced demand. The First Land Acquisition Collector who was appearing for the State before the Hon’ble Mediator on expressing his helplessness in taking a decision by himself, the Hon’ble Mediator requested Mr. Kishore Datta, learned Advocate General of the State to intervene. On the intervention of the learned Advocate General, the final figure was arrived at and both parties agreed to the same, which has now been paid.
4. We cannot but express our resounding appreciation for the relentless efforts made by the Hon’ble Mediator, pursuing the cause with devotion, despite the demand from the landowner being very high and the State having put forth a meagre amount for settlement. While appreciating the efforts of the Hon’ble Mediator, we also have to ensure that the expenses and time of the Hon’ble Mediator are suitably compensated. The Mediator has specifically recorded that he has obtained airfare from the parties in equal share on two occasions and all the other times, he had travelled on his own personal expenses to Kolkata. The mediation process took more than a year to attain fruition, which would not have been possible but for his untiring efforts. The Hon’ble Mediator also drafted the Memorandum of Settlement dated 10.10.2025, for reason of the landowners having not engaged any lawyer, now signed by the parties. We fix the remuneration of Rs. 35 lakhs which shall be shared equally by the parties i.e., one part by the landowners and the other by the State. We direct that the amounts be settled within a period of one month from today.
5. We record the full and final settlement of the claim raised by the petitioners with respect to the acquisition of their property as having been arrived at the mediation as directed by this Court. The amount of compensation arrived at on mediation shall not be considered as a precedent in the matter of acquisition or for claim of damages of unauthorised occupation of premises.
6. We dispose of the Special Leave Petition by making the terms of the settlement a part of the directions of this Court, which we record have also been complied with and the claim of the petitioners fully and finally settled. We also record our appreciation for the timely intervention of Shri Kishore Datta, the learned Advocate General.
7. Pending applications, if any, shall also stand disposed of.
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1 for short, ‘the Act of 2013’
