Page 1

NON­REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

         CIVIL APPEAL NO.893 OF 2016 (Arising out of SLP(Civil)No.27070 of 2014)

   State of West Bengal              ...  APPELLANT (S)  

                 VS.

        Calcutta Pinjrapole Society    ...  RESPONDENT(S)                                         

WITH                           CIVIL APPEAL NO.896 OF 2016

    (Arising out of SLP(Civil)No.25127/2015)                       J U D G M E N T    

Anil R.Dave,J.

1. Leave granted.

2. Heard the learned counsel for the parties.

3. Looking at the peculiar facts of the case, we are of

the view that it would be just and proper to remit these

matters to the Reference Court so that the title, which is

in doubt and dispute, can be finally ascertained and

accordingly the amout of compensation can be given to the

rightful owner.

4. In the circumstances, the impugned judgments are set

aside and the appeals are remitted to the Reference Court so

as to decide the title and claim of the concerned persons.

5. The parties shall appear before the Reference Court

on 8th March, 2016 so that the Reference Court can initiate

hearing of the case.

1

Page 2

6. We are sure that the Reference Court shall do the

needful to dispose of the case at an early date.

6. The Reference Court shall also permit the parties to

lead additional evidence so as to establish their title.

7. In view of the above, the appeals are disposed of as

allowed.   No order as to costs.   Pending application, if

any, stands disposed of.

      ..............J. [ANIL R. DAVE]  

..................J. [SHIVA KIRTI SINGH]  

..................J. [ADARSH KUMAR GOEL]  

New Delhi; 5th February, 2016.

2