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O-3 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE
ACR/4/2023
IN THE MATTER OF: SRI ARJAN COOMAR
BEFORE: The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 19th January, 2026 Appearance: Mr. Sarosij Dasgupta, Adv. Mrs. Farah Anjum, Adv. For petitioner Mr. Dyutiman Banerjee, Adv. For developer
The Court: The supplementary affidavit affirmed on 17th January, 2026 intended to filed in ACR/4/2023 due to inadvertence contains the number of GA/1/2025 which has stood disposed of on 7th August, 2024. The said affidavit is taken on record after permitting the learned advocate to delete the application number from the same. This supplementary affidavit is filed on behalf of the developer who intends to develop a plot of land measuring about 11 cottahs belonging to the debuttar estate Sree Sree Iswar Gouri
2 Sankar Jew. The plot of land is situated at premises No. 52/1, Durga Charan Doctor Road, Kolkata – 700014. The developer by way of such supplementary affidavit intends to demonstrate its financial credibility pursuant to orders of this Court. On considering the supplementary affidavit, I find that the income of the developer for the assessment year 2023-24 is Rs.4,99,760 while that for the assessment years 2024-25 and 2025- 26 are Rs.8,47,470 and Rs.9,71,125 respectively. It also appears that the developer in recent time has entered into a development agreement dated 29th April, 2024 for developing a plot of land which is more than 10 cottahs. This project on an enquiry from the Court is submitted to be on the verge of completion but is not a completed project. After considering the income-tax return and the agreement, I do not repose any confidence on the developer about his financial credibility in developing the premises for which leave is sought by the trustees. Since in this application permission was sought to allow the trustees to enter into a development agreement with the aforesaid developer after being selected for the same, I decline to grant such permission. In the aforesaid facts and circumstances, this application being ACR/4/2023 made under Section 7 of the Charitable and
3 Religious Trust Act, 1920 is dismissed as allowing the trustees to enter into a development agreement with the selected developer, who has affirmed the supplementary affidavit, will lead the debuttar property being thrown into uncertainty due to lack of finance and other credibilities of the selected developer. The dismissal of this application will, however, not stand in the way of the trustees in seeking similar permission if they are able to get offers from more solvent developers.
(ARINDAM MUKHERJEE, J.)
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