Order No. 11

Ld. Advocate of the petitioner/complainant is present.

Ld. Advocate of the O.Ps. is present.

It appears that today is fixed for hearing of MA/61/2023.

It is pertinent to note that pursuant to the prayer of the petitioner/complainant, Engineer Commissioner has been appointed and the said Engineer Commissioner has also submitted his report on 20.08.2019.

Against the said report, O.Ps. of RBT/CC/162/2022 has filed Written Objection praying for rejection of the said report on the grounds stated therein.

Heard the Ld. Advocate appearing for the rival parties at length on the point of acceptability of the Engineer Commissioner’s report including the contains of written objection filed by O.Ps. praying for rejection of Engineer Commissioner’s report.

Considering all aspect of the materials on record and touching upon the submission of Ld. Counsel appearing for rival sides, this Commission finds that there is merit to accept the Engineer Commissioner’s report accordingly.

Engineer Commissioner’s report dated 20.08.2019 is accepted and accordingly prayer for rejection of Engineer Commissioner’s report raised by the O.Ps. in its written objection stands rejected.

Of course, Ld. Advocate of the O.Ps. submits that O.Ps. may be given chance to put question in respect of Engineer Commissioner’s report.

However, it appears that Engineer Commissioner’s report has been submitted on 20.08.2019 and on 10.02.2023, O.Ps. have filed written objection against the Engineer Commissioner’s report which by itself goes to show that after almost four years O.P.s made such written objection and this Commission finds no merit in it and as such given liberty to the O.Ps. for putting questions against the Engineer Commissioner’s report by the O.Ps. stands rejected.

With this observation, the instant Misc. Case is disposed of.

Dictated and corrected by

 [HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT