Special Officer to Oversee New Local Investigation Following Challenge to Advocate Commissioner's Report
In a significant development in a property dispute case, the Calcutta High Court has ordered a fresh local investigation to be conducted by a newly appointed Special Officer. The decision was made by Justice Biswaroop Chowdhury in the case of "Sri Jibananda Pal v. Sanjukta Biswas" concerning a property dispute involving encroachment and interference.
The original Advocate Commissioner's report was challenged by the petitioner, Sri Jibananda Pal, on multiple grounds, including the alleged failure to relay the C.S. settlement map accurately and discrepancies in property measurements. The petitioner argued that the report lacked clarity and did not comply with the directions given by the Trial Court, undermining its reliability for adjudicating the dispute.
The Trial Court had previously accepted the Commissioner's report, citing its reliance on scientific survey methods. However, the High Court found that the report failed to clarify essential details and did not involve the parties adequately in the selection of fixed points for the survey. The court noted the importance of a clear and specific commission report in property disputes to ensure proper adjudication.
Highlighting the necessity for justice and transparency, the High Court appointed Mr. Raja Ghosh as the Special Officer to oversee a new investigation. The investigation will involve a surveyor or survey-passed Advocate Commissioner and will be conducted with prior consultation with both parties and their legal representatives. The court emphasized the importance of using both C.S. and R.S. maps, as initially directed by the Trial Court, to ensure a comprehensive assessment.
The Special Officer is tasked with completing the local investigation within four weeks and submitting a report within two weeks thereafter. The costs of the investigation are to be shared equally between the parties involved. This decision underlines the court's commitment to ensuring fair and thorough evaluation in property disputes, with a focus on accuracy and adherence to procedural directives.
Bottom Line:
Appointment of Special Officer for local investigation and preparation of a fresh commission report in a property dispute involving encroachment and interference, ensuring proper compliance with the directions of the Trial Court and involvement of parties in selecting fixed points.
Statutory provision(s): Constitution of India, Article 227; Civil Procedure Code, 1908, Order 26, Rule 9
Sri Jibananda Pal v. Sanjukta Biswas, (Calcutta) : Law Finder Doc Id # 2838901
