Professional Documents
Culture Documents
Dear Sir,
1. Name and address of : M/s. Bengal Shriram Hi-Tech City Pvt. Ltd.
the Borrower for
whom the opinion is
sought.
2. Name and address of : M/s Bengal Shriram Hi-Tech City Pvt Ltd
the owner/s of the Shriram House, No. 31,
property 2nd Main Road,
T. Chowdaiah Road,
Sadashivanagar,
Bengaluru - 560 080, Karnataka, India.
3 Description of the Property :
Property being 25 Acres of land comprised in Mouzas Khorda Bahera & Bara
1
Bahera, within P.S. Uttarpara, District Hoogly, situated in the State of West
Bengal, more clearly described in the Architect’s Certificate dated 15.09.2022 and
the map therein, attached herein as schedule-I;
Total
Purchased Said
Sr Area in Property i.e.
Khaitan LR Dag
N Mouza Classification Acres as Proposed
No. No.
o per ROR mortgaged
i.e. Larger area 25 Acres
Plot
1. Jheel 1644 2.091 0.664
2. 1889P 0.383 0.101
3. 1891P 4.620 2.104
4. 1897P 0.210 0.077
Khorda
5. 1808 1898P 5.845 2.157
Bahera Upanagari
6. 1891P 1.600 1.600
7. 1897P 0.099 0.096
8. 1898P 2.08 1.900
9. 1889P 0.137 ---
10. 3444P 28.125 10.643
11. 3663 0.625 0.625
Bara Bahera Upanagari 4129
12. 3664 5.033 5.033
13. 3444P 2.025 ---
TOTAL : 52.873 25.000
The Said Property is duly butted and bounded by the lands (as per the
Architect Certificate) mentioned as follows:
a. Privately owned
land
b. Private leasehold
land
c. Govt. or state
authority owned
Land Leased to
Lessee
d. Other, specify
other form
3
furnished for scrutiny in 1. Photocopy of Application dated 04.05.2006
respect of the property / issued by Hindustan Motors Ltd. (HML) to
properties offered as GoWB for release of 314 Acres of land for the
security (furnish the list revival of its Automotive Industrial Unit.
of documents)
2. Photocopy of approval dated 13.09.2006
issued by the Cabinet communicated to HML
by an order of the GOWB dated 13.09.2006.
4
9. Photocopy of Deed of declaration dated
02.09.2009 bearing Deed No. 4306 entered
between HML and Bengal Shriram for
revising the RS Dag No as per ROR dated
May 20th, 2009 and May 27th, 2009 in the
Conveyance Deed No. 1.
5
Shriram project.
6
by KMDA bearing No 477/KMDA/SPU/1-
5/2009 (SWC) giving building permission
and sanctioning the building plans for Phase
I of the Shriram Grand City Project
comprising of 15.3 Acres in the Said
Property.
7
Shriram Hi-Tech city Pvt. Ltd.
8
IND/WB/FES/20182019/27403.
9
8 State the nature of acquisition of the property/properties by the Applicant and if
the applicant has acquired the property by sale (13 year’s search to be made at
SRO office or / and at patwari/Talati office. History should be mentioned for
alteast 30 years from the date of conducting TSR:
DEVOLUTION OF TITLE:
Our scope of opinion is limited to the title of the Said Property only based on the
documents provided to us in respect of the Said Property and SRO searches
10
conducted by us at the Sub- Registrar of Assurance for the last 30 years in respect
of the Said Property, which is as follows:
I. Release of 314 Acres of land out of the larger extent of 709 acres for the
revival of its Automotive Industrial Unit;
II. To get settlement of 314 Acres of land as free settlement land under
Section 14 Z of WBLR Act; and
III. For resettlement of 314 Acres of land on freehold basis, free from all
encumbrances for which HML agreed to pay requisite charges to the
GOWB as per prevailing practices and rules
IV. HML proposed to develop the released land of 314 Acres into an
Integrated IT Township (“IITT”) and Auto Ancillary Park (“AAP”)
4. The GOWB considered the proposal and approved the same in its cabinet
meeting held on 24.08.2006 upon payment of consideration of INR 10.50
crores by HML to the GOWB. The GOWB allowed HML to retain the said
11
land of 314 Acres out of the Larger Extent i.e. of 709 acres (“Larger
Property”) under the second proviso of Section 14 Z of the WBLR Act. The
approval of the Cabinet was communicated to HML by an order of the
GOWB vide order Memo No.2675-GE(M)/5M-03/06 dated 13.09.2006
(“GO 2006").
1
WEST BENGAL LAND REFORMS ACT, 1955
Whilst the WBEA Act (see note no 4 below), provided for the vesting of all estates and rights
of every intermediary therein in the State free from all encumbrances, a need was felt to follow
up that legislation by a comprehensive measure of land reforms so as to remodel the existing
system of land tenure by providing for such matters as (a) the rights, obligations and incidents
in respect of the holdings of raiyats; (b) limitation on transfer and sub-letting of land so as to
prevent accumulation of lands in a few hands or any land being acquired by non-
agriculturists; and (c) maintenance and revision of record-of-rights, which resulted in the
enactment of West Bengal Land Reforms Act, 1955 ("WBLR Act"), which came into force on
March 31st, 1956. The object and purpose of the WBLR Act, as reflected in the preamble, was to
re.form the law relating to land tenure consequent on the vesting of all estates and of certain
rights therein in the State. The WBLR Act also clarified that the nature of interest that a raiyat
has over a land is heritable and transferable, with raiyat being recognized as the owner of such
land, vide Section 4(1) of WBLR Act.
2. The WBLR Act underwent multiple amendments, with one of the most significant
amendments being WBLR (Amendment) Act, 1972 introducing Chapter IIB (Ceiling on Land
held by a Raiyat) to the WBLR Act. However, Section 14Z, which is also a part of Chapter IIB,
was not introduced until the introduction of WBLR (Amendment) Act, 1981, which was
published in official gazette on March 24, 1986 and inserted the Section 14Z with retrospective
effect from August 7, 1969.
3. Section 14Z of WBLR Act, subsequent to its amendment by WBLR (Amendment) Act, 2000,
allowed a raiyat to retain land comprised in a tea garden, mill factory or workshop or land
used for inter alia, township in a planning area, in excess of the prescribed ceiling, to the extent
allowed to be retained by State Government.
This Act was enacted to "provide for the State acquisition of estates, of rights of intermediaries
therein and of certain rights of raiyats and under raiyats and of the rights of certain other
persons in lands comprised in estates". Section 4 of the said WBEA Act deals with notification
regarding vesting of estate and rights of intermediary and provides for issuance of notification
12
the Larger Property to fund the revival and renewal plan of its
Automotive Industrial Complex at Uttarpara;
II. The Larger Property was vested to the State by operation of the
provisions of Section 4 of the WBEA Act and allowed to be retained by
HML under Section 6(3) of the WBEA Act;
IV. The Cabinet in its meeting dated August 24.08.2006 had approved the
entire proposal and agreed to give the desired benefit under the
second proviso of Section 14Z of the WBLR Act.
and consequent vesting of all the estates and the rights of every intermediary in each such
estate with effect from the date mentioned in such notification. Section 5 of the WBEA Act
deals with the effect of such notification and provides for vesting of all estates and rights of
every intermediary in each such estate covered in the notification issued under Section 4, in
the State, free from all encumbrances.
5. Sections 4 and 5 of the WBEA Act have the effect of abolishing zamindari in the State of West
Bengal from the date of notification in the gazette and from the date of such notification, the
estates and rights of intermediaries vest in the State, free from all encumbrances. Such a
notification was made and under the terms thereof all estates and rights of intermediaries in
such estate vested in the State with effect from April 15th, 1955.
6. Chapter VI of the WBEA Act, provided for acquisition of interest of raiyats and under-raiyats,
however, did not come into force on the publication of the notification under Section 4 for the
acquisition of estates and the rights-of the intermediaries therein with effect from April 15 th,
1955.. This chapter came into force in all the districts of West Bengal with effect from April
10th, 1956, vide Notification No. 6804L. Ref. dated April 9 th, 1956 of the Land and Land
Revenue Department, published in the Calcutta Gazette, Extraordinary, on April 9 th, 1956, Part
I, page 743. This resulted in vesting of the rights of intermediaries and raiyats in the State.
7. Despite vesting of the intermediary's rights in the State, an intermediary could continue to
retain certain lands by virtue of the provisions contained in Section 6 (1) (a) to (g) of the WBEA
Act. In certain cases, such retention was automatic, in certain cases, such as land used for tea
garden or factory, such retention of land is possible only when the State Government passes an
order under Section 6(3) of the WBEA Act.
13
second proviso of Sub Section (1) of Section 14Z of the WBLR Act;
VII. With effect from the date of issuance of the order, HML shall be
deemed to be raiyat in relation to the Larger Property as given in the
land schedule and the BL & LRO concerned shall correct the land
records of the concerned plot accordingly in compliance of the order,
though HML shall remain legally bound to immediately apply for
formal mutation and pay due charges for such mutation and also
obtain mutation certificates as well as certified copy of record of rights
on payment of prescribed fees;
VIII. With effect from the date of issuance of the aforesaid order,
classification of the Larger Property as given in the land schedule,
shall be deemed to have been changed to "Industrial & Commercial"
and the revised rate of land revenue shall be charged accordingly and
concerned BL & LRO shall correct the land records of the concerned
plots as given in the schedule accordingly in compliance of the order;
and
6. Thereafter in accordance with the terms agreed between HML and Shriram
Properties Ltd, a special purpose vehicle was created by the parties in the
name of Bengal Shriram Hi-Tech City Pvt Ltd (“Bengal Shriram”).
Thereafter, HML and Bengal Shriram entered into a development
14
agreement dated 23.03.2007 (“Development Agreement”) for the purpose
of development of the Large Property.
i. Vide a conveyance deed dated 08.12.2008, Deed No. 00226 for the year
2008 dated, December 8th, 2008 registered at Additional Registrar of
Assurances III, Kolkata in Book No. I, Vol. No.4, pages 69 to 85., HML
sold and transferred an area of 61.509 Acres out of the Larger Land to
Bengal Shriram Hi Tech City Private Limited for a consideration and
on terms and conditions mentioned therein (“Conveyance Deed No. 1
/ Lot-E”).
ii. Vide a conveyance deed dated 08.12.2007, Deed No. 00255 for the year
2008 registered at Additional Registrar of Assurances III, Kolkata in
Book No. I, Vol. No.4, pages 112 to 138, HML sold and transferred an
area of 63.880 Acres out of the Larger Land to Bengal Shriram Hi Tech
City Private Limited for a consideration and on terms and conditions
mentioned therein (“Conveyance Deed No. 2 / Lot-D”).
iii. Vide a conveyance deed dated 29.01.2008, Deed No. 00531 for the year
2008, registered at Additional Registrar of Assurances III, Kolkata,
HML sold and transferred an area of 63.020 Acres out of the Larger
Land to Bengal Shriram Hi Tech City Private Limited for a
consideration and on terms and conditions mentioned therein
(“Conveyance Deed No. 3 / Lot-C”).
iv. Vide a conveyance deed dated 05.12.2008, Deed No. 07409 for the year
2008 registered at Additional Registrar of Assurances III, Kolkata in
Book No. I, Vol. No.11, pages 11712 to 11734, HML sold and
transferred an area of 62.80 Acres out of the Larger Land to Bengal
Shriram Hi Tech City Private Limited for a consideration and on terms
and conditions mentioned therein (“Conveyance Deed No. 4 / Lot-B’).
v. Vide a conveyance deed dated 02.09.2009, Deed No. 01415 for the year
15
2009, registered at Additional Registrar of Assurances III, Kolkata in
Book No. I, CD Vol. No.3, pages 2755 to 2783, HML sold and
transferred an area of 62.791 Acres out of the Larger Land to Bengal
Shriram for a consideration and on terms and conditions mentioned
therein (“Conveyance Deed No. 5 / Lot-A”).
9. Thereafter, on June 24th, 2008, a request was made before the Additional
District Magistrate LR and DL & LRO, Hooghly, vide letter bearing Ref.
No. BS/OPS/ADM/08-09/090, for undertaking a reconciliation and
revision of land schedules, under Clause 10 of the GO 2006;
10. It appears that pursuant to such request, the survey was conducted, and a
preliminary report was published on 18.03.2009, which was shared with the
parties vide Memo No. 287/SRU/09, dated March 18th, 2009;
[SNG NOTE: We have not perused the aforesaid memo dated 18.03.2009
and have got reference from subsequent deeds]
11. It appears that the aforesaid preliminary report was found to have certain
discrepancies in the RS numbers as mentioned in the Conveyance Deeds.
Accordingly, an application was made by Bengal Shriram to the BL & LRO,
Srerampore - Uttarpara, vide letter bearing Ref. No. BS/OPS/BL&LRO/09-
10/025 dated 08.05.2009, for necessary reconciliation of the RS Dag
numbers with the corresponding LR Dag numbers mentioned in the
schedules of the Conveyance Deeds;
[SNG NOTE: We have not perused the aforesaid letter dated 08.05.2009 and
have got reference from subsequent deeds.]
12. Pursuant to such request, the records of rights (“ROR”) were revised on
20.05.2009 and 27.05.2009 to reflect the correct RS Dag numbers
corresponding to the LR Dag numbers pertaining to the Larger Land
including the Said Land;
[SNG NOTE: We have not perused the aforesaid RORs and have taken the
reference from the Deed of Declarations and the subsequent RORs]
13. Upon the aforesaid rectification, four (4) out of the five (5) Conveyance
Deeds were rectified by way of separate Deeds of Declaration in the
following manner:
i. A deed of declaration bearing Deed No. 4306 for the year 2009 dated,
17
02.09.2009 registered at Additional Registrar of Assurances III, Kolkata
in Book No. IV, CD Vol No. 6, pages 2955 to 2975 entered between
HML and Bengal Shriram Hi Tech City Private Limited for revising
the RS Dag No. as per ROR dated 20.05.2009 and 27.05 .2009 in the
Conveyance Deed No. 1 / Lot-E.
ii. A deed of declaration bearing Deed No. 4307 for the year 2009 dated,
02.09.2009 registered at Additional Registrar of Assurances III, Kolkata
in Book No. IV, CD Vol No. 6, pages 2976 to 2996 entered between
HML and Bengal Shriram Hi Tech City Private Limited for revising
the RS Dag No. as per ROR dated 20.05.2009 and 27.05 .2009 in the
Conveyance Deed No. 2 / Lot-D.
iii. A deed of declaration bearing Deed No. 4309 for the year 2009 dated,
02.09.2009 registered at Additional Registrar of Assurances III, Kolkata
in Book No. IV, CD Vol No. 6, pages 3019 to 3040 entered between
HML and Bengal Shriram Hi Tech City Private Limited for revising
the RS Dag No. as per ROR dated 20.05.2009 and 27.05 .2009 in the
Conveyance Deed No. 3 / Lot-C.
iv. A deed of declaration bearing Deed No. 4308 for the year 2009 dated,
02.09.2009 registered at Additional Registrar of Assurances III, Kolkata
in Book No. IV, CD Vol No. 6, pages 2997 to 3018 entered between
HML and Bengal Shriram Hi Tech City Private Limited for revising
the RS Dag No. as per ROR dated 20.05.2009 and 27.05 .2009 in the
Conveyance Deed No. 4 / Lot-B.
18
Acres being part of the Larger Property of 314 Acres in terms of the
Conveyance Deed No. 3/Lot C read with Deed of Declaration No. 4309 and
Conveyance Deed No. 4/Lot B read with Deed of Declaration No. 4308 in
the following manner:
[SNG Note: While the Larger Plot was purchased through 3 conveyances i.e
(i) Lot No. B: Deed No. 7409/2008 (13.286 Acres), (ii) Lot No. C: Deed No.
537/2008 (37.56 Acres) and (iii) Lot D: Deed No. 255/2008 (2.025 Acres), the
Said Property i.e. 25 Acres land out of the Larger Plot has been conveyed to
Bengal Shriram vide 2 conveyance deeds by HML i.e. Conveyance Deed
No.3 (19.187 Acres) and Conveyance Deed No. 4 (5.103 Acres) as evident in
the table above].
16. Thereafter, vide Memo No. LRC/162/2014 dated 29.09.2014, the GOWB
noted that as per the GO 2006, HML was authorized to utilize only INR 85
(eighty-five) crores from the sale of the Said Larger Property. HML sold the
Said Larger Property to Bengal Shriram for INR 279.47 (Two hundred
seventy-nine decimals four seven) crores and hence should have returned
the excess INR 194.47 (One Hundred Ninety Four decimal Four Seven)
Crores. HML had expressed their inability to refund the amount as per
claim of the GOWB. To resolve the impasse, GOWB, HML and Bengal
Shriram took certain decisions pursuant to which Bengal Shriram was
imposed with certain obligations, details of which along with their status of
compliance as represented by Bengal Shriram is as follows:
20
instruction to the Bank as
first charge.
7. 7(i) Bengal Shriram to start It has been represented to
project implementation us by the Company
activities within six (6) Representative that the
months from the date of compliance of this is not
disposal of issues in Clause perceived to be a challenge
7(b). as the developmental
activities were already in
process and project
implementation has started
8. 7(k) Bengal Shriram to commence Under progress Sale activity
sales other than the 40 (forty) has commenced.
acres kept as collateral within
three (3) years of zero date
and with the first sale the
payment of non-compete will
start.
[SNG COMMENT: We observe that the obligations casted upon Bengal Shriram
inter-alia has financial liabilities, which may have a bearing on the Project and
its revenues. It is therefore recommended that a suitable undertaking cum
indemnity be taken for strict compliance of these obligations]
17. We have perused the Porcha (Certified copy of Records of Rights) for 2015
for mouzas Khorda Bahera, Bara Bahera, Konnagar, Kotrang, Bhdrakali and
Makhla within P.S. Uttarpara, District Hoogly, situated in state of West
Bengal which evidences Bengal Shriram as Riyat holder for the Larger
Property, being 314 Acres of land in total.
19. We have perused Khajna tax receipts dated 11.04.2022 for the Bengali year
1426 to 1428 (English 2020 to 2022) paid for the Said Property.
21
20. We observe that the name of Bengal Shriram Hi-Tech City Private Limited
is duly mutated as owners for the said Larger Plot in the records of BL &
RO i.e. the Department of Land & Land Records, Government of West
Bengal.
21. Further, the Bengal Shriram Hi Tech City Private Limited is developing an
integrated IT Township & Auto Ancillary Park over the Said Property
named “SHRIRAM GRAND CITY” in a phase wise manner in conformity
with the terms and conditions of the GO 2006 (“Township”). The Township
to be known as “Shriram Grand City” shall be developed in phases, each
of which constitutes a separate project.
[SNG NOTE : Company has clarified that the aforesaid project, is being
developed over some other part of the Larger Property and not on the Said
Property. Company confirms that the Said Property is a vacant land and
no development is currently planned over the Said Property].
9 State the source of title : The Said Property was acquired by Bengal
(by way of sale, gift, Shriram Hi-Tech City Pvt. Ltd. Vide the following
exchange, Will, partition, Conveyance Deeds read with Deeds of
etc.). Declarations:
22
05.12.2008, Deed No. 07409/2008 and Deed
of Declaration dated, 02.09.2009 bearing
Deed No. 4308/2009.
b) Consideration for Sale (i) Conveyance Deed No. 3 / Lot-C : Rs.
48,54,59,083 (Rupees Forty Eight Crores
Fifty Four Lakhs Fifty Nine Thousand
Eighty Three Only).
23
26.09.2022 (attached hereto as Annexure IV(A))
and Declaration dated 29.09.2022 clarifying and
confirming that none of the litigations mentioned
in the Litigation Search Report are related to or
connected to the Said Property in any manner
whatsoever.
14 Whether the Khata in : The name of Bengal Shriram Hi-Tech City Private
respect of the property Limited is duly mutated as owners for the said
stands in the name of the Larger Plot including the Said Property in the
owner/s ? records of BL & RO i.e. the Department of Land &
Land Records, Government of West Bengal.
24
www. banglarbhumi.gov.in the official website for
BL & RO i.e the Department of Land & Land
Records, Government of West Bengal for all the
Dag Nos comprised in the Said Property. We
observed that the name of Bengal Shriram Hi-Tech
City Private Limited is duly mutated as owners for
the said Larger Plot in the records of BL & RO i.e.
the Department of Land & Land Records,
Government of West Bengal.
15 Whether the owner/s : We have perused Khajna tax receipts dated
have paid upto date tax 11.04.2022 for the Bengali year 1426 to1428
and maintenance in (English 2020 to 2022) paid for the Said Property.
respect of the
property/properties?
16 If the building has been The Said Property is a vacant land and no
put up on the site, state : development is currently planned over the Said
Property.
a) Whether the plan has :
been duly [SNG NOTE: Company has represented that
sanctioned. currently there is no development or planning for
development of any building / structure over the
Said Property and the Said Property is a vacant
b) Whether the building : land. However, we advise a physical survey to be
has been assessed. undertaken to confirm the said fact including
(Furnish the : valuer to ascertain the said fact].
documents)
25
property/ies has / have Limited is duly mutated as owners for the said
been mutated in the Larger Plot including the Said Property in the
name/s of the person/s records of BL & RO i.e. the Department of Land &
offering the mortgage? Land Records, Government of West Bengal.
26
under the purview of a) We understand that Bengal Shriram has not
Urban Land Ceiling Act? obtained any specific waiver from the
applicability of the provisions of the Urban
Land (Ceiling and Regulation) Act, 1976
("ULCRA").
27
absence of specific permission or waiver under
ULCRA to have effect upon the title over the
Said Land.
28
26 Description of the A. SEARCH AT THE OFFICE OF THE SUB-
searches carried out by REGISTRAR OF ASSURANCES:
Advocate.
We have caused to conduct the SRO search
by Adv. Sayak Ranjan Ganguly at the
concerned Registrar offices for the last 30
years from 1990 to 2022 for the Said Property,
upon perusal of the SRO search report dated
23.09.2022 (“SRO Search Report”) is
attached hereto as “Annexure-II”, we
observe the following:
29
Date of Registration: 02/03/2022, Date
of Completion: 02/03/2022.
30
Delivery: 10/12/20220.
31
19/07/2022, Date of Completion:
19/07/2022.
32
Company that no part of the Said
Property is encumbered in any manner
vide the mortgages already existing.
33
2. Charge of Aditya Birla Finance Limited
(Charge ID 100410024 dated 04.02.2021
vide Indenture of Mortgage dated
15.01.2021 for securing a credit facility
of INR 590,000,000/- (Rupees Fifty Nine
Crore only).
34
deeds will be handed over to Lender
and not the Borrower].
35
filed by Sri Sanatan Bag Vs. Bengal
Sriram Hitech City Pvt. Ltd @ Sriram
Grand City. The company has
represented that this case is not related
to the Company in any manner
whatsoever.
Present Status:
The application for extension of time to
lodge the summons was moved on
03.08.2022 before the Ld. Master, Original
Side High Court Calcutta. The same has
been allowed and 9 weeks time from date
has been granted to lodge the summons
of the Suit.
36
of Bengal Shriram (BS) , BS paid
Rs.1,74,39,429/- on behalf of HM on
account of rates, revenues, taxes,
assessments and outgoings, in respect of
the land area of 252.16 Acres along with
20,89,349 Sq.Ft. of covered/constructed
area which includes certain Building
and Factory sheds which is continued to
be owned by HM. Mutation and separate
premises no. already obtained.
37
by filing a Revision Petition
C.O./799/2022 before High Court,
Calcutta and prayed for an opportunity
to file the written Statement. Now the
Civil Revision is disposed off vide an
order dated 29.07.2022 the Hon’ble Court
allowed the Petitioner to files its W.S.
before the next date of hearing i.e.
11.11.2022.
38
Bengal Shriram has regularly made this
payment and the five years period has
long expired and the Company has no
further obligation to pay this fee to
Hindustan Motors.
39
Lot A land it was found there was
encroachment of that part of land and
Bengal Shriram wanted Hindustan
Motors Limited to remove it before
purchase . But Hindustan Motors
Limited without complying the same
deposited the advance cheque which
was not cleared by Bengal Shriram, as a
result Hindustan Motors Limited filed
Petition against Bengal Shriram.
40
[SNG Note : From the aforesaid
summary it appears that the matter has
been settled between the parties and the
case has also not come up for hearing till
date. Moreover this is a criminal case of
cheque bouncing and likely to have no
effect on the title of the property.
2. DISCLOSED LITIGATION:
41
large stretches of water
bodies/wetlands without proper
clearances and in violation of
applicable laws and if the water bodies
are filled up that would seriously
affect the drainage system of
Konnagar and Hindustan motor.
42
bodies. Whatever water bodies are
being filled up are already converted
land pieces for development but
currently being water drenched and
no violation of the aforesaid GOWB
memo has ever taken place.
43
We however suggest a suitable
undertaking cum indemnity be taken
from the Company with respect to the
pending cases]
27 Whether the documents : Yes. The Conveyance Deeds and Declaration Dees
duly registered with with respect to the Said Property are registered
the ..................... Office of with the concerned sub-registrar office.
the Sub-Registrar are
verified with reference to
entries in the books of
the said Sub-Registrar's
Office?
ANNEXURE - I
DOCUMENTS REQUIRED FOR CREATION OF MORTGAGE:
Sr. Date of Name of Documents Whether
No. Document Original/
Photocopy
44
1. 13.09.2006 Order of Govt of West Bengal for allowing Photocopy
HML to retain the said land of 314 Acres
vide order memo no. 2675-GE(M)/5M-
03/06.
2. 23.03.2007 Development Agreement dated 23.03.2007 Photocopy
executed between HML and Bengal
Shriram Hi Tech Private City Limited for
development of Integrated IT Township
and Automotive Ancillairy Park.
3. 29.01.2008 Sale Deed No 3 / Lot-C (Deed No. 00531) Certified
dated 29.01.2008 executed by HML in favor True copy
of Bengal Shriram Hi Tech City Private
Limited registered at Additional Registrar
of Assurances-III, Kolkata in Book No-1, for
63.020 acres out of Said Property by HML
to Bengal Shriram Hi Tech City Private
Limited.
4. 02.09.2009 Deed of declaration for Lot-C land bearing Certified
Deed No. 04309 entered between HML and True copy
Bengal Shriram Hi Tech Private City
Limited for revising the RS Dag No as per
ROR dated May 20th, 2009 and May 27th,
2009 in the Sale Deed No 3- for Lot-C Land
registered at Additional Registrar of
Assurances-III, Kolkata registered in Book-
IV, CD Volume No.6 from pages 3019 to
3040.
5. 05.12.2008 Sale Deed No 4 / Lot-B (Deed No. 07409) Certified
executed by HML in favor of Shriram Hi True copy
Tech City Private Limited registered at
Additional Registrar of Assurances-III,
Kolkata registered in Book-1, volume no.11
from pages 11712 to 11734 for 62.80 Acres
out of Larger Land by HML to Bengal
Shriram Hi Tech City Private Limited.
6. 02.09.2009 Deed of declaration for Lot-B Land bearing Certified
Deed No. 4308 entered between HML and True copy
Bengal Shriram Hi Tech City Private
45
Limited for revising the RS Dag No as per
ROR dated May 20th, 2009 and May 27th,
2009 in the Sale Deed No 4 registered in
Additional Registrar of Assurances-III,
Kolkata registered in Book-IV in CD
Volume No.-6 from pages 2997 to 3018.
7. 20.04.2015 Order No IX-2/08 (Comm)/ S/2015 vide Photocopy
Memo no.
IX-2/07(Comm)/2358/1(7)/S/2015 passed
by District land and Land Reforms officer,
Hooghly, GOWB converting various plots
of land contained in the Said Property to
Upanagari.
4. The undertaking-cum-indemnity as
stipulated in this report be taken
accordingly.
47
5. A part of the Said Property bearing Dag No.
1644 admeasuring 0.664 Acres has been
converted as Jheel (water body). The same
needs to be considered for valuation in
terms of the mortgage creation.
MORTGAGEABILITY
ENFORCEABILITY
48
The Said Property shall be enforceable under the
provisions of SARFAESI subject to proper
execution of security documents.
33 FOR PLOTS OF LAND Not Applicable
WHICH ARE
LEASEHOLD (acquired
from the Government
and private
individuals ) :
(separate sheets may be
attached wherever
necessary)
State survey numbers
and their respective
areas:
i) Name of the
Lessor and the
date and
registration
particulars of the
lease deed; state
also whether the
lease deed has
been sufficiently
stamped or not.
49
not.
50
validly leased out
to the mortgagor?
51
properties for rent,
premium or
royalties in favour
of Lessor should
also be
commented upon.
52
prejudicially affect
the assisted
concern’s title
and / or the
mortgage to be
created in favour
of The Ratnakar
Bank Limited.
xii) Recommendations
for
regularization
/rectification of
the said defects.
i) Survey Nos./City
Survey No. with
village, Taluka,
District, etc.
ii) Area
53
executed any deed
of transfer in
favour of the
mortgagor. If so,
please give
particulars
thereof.
v) Is the permission
of govt. to
mortgage the land
/ immovable
properties in
favour of The
Ratnakar Bank
Limited
necessary? If so,
please state
whether such
permission has
been obtained.
54
possession of the
land / immovable
properties has
been given to the
present owner, i.e.
whether by issue
of Govt. order or
certificate of
permission. If so,
please state
whether the said
documents
establish that the
mortgagor has a
clear and
marketable title to
the said land /
immovable
properties.
55
required to be (b) If the loan is repayable not more than 3
registered or same months from the date of instrument –
is to be intimated 0.5% of the loan amount.
to Registrar or Sub
Registrar of (iii) No provision for compulsory intimation to
Assurances or any SRO.
other authority.
36 Precautions (i) Since the original title deeds of the Dag Nos
recommended: are already deposited with the existing
lenders under existing mortgages a letter
cum undertaking be taken from the said
lenders undertaking that as and when they
release the charges over their portions, the
original title deeds will be handed over to
Lender and not the Borrower.
56
observed in Central
Registry formed under
SARFAESI (online search
on www.cersai.org.in)
DATE: 12.10.2022
Thanking you,
Yours faithfully
For SNG & PARTNERS
Authorised Signatory.
57
Schedule – I
Schedule A
Plot wise LR Dag Nos. along with corresponding Dag No. and total area for
the Larger Property (314 acres)
L.R. Plot Corresponding to R.S. Plot nos. as per record of rights Total area
nos. dated May 27, 2009 (in acres)
Mouza - Kotrang (J.L. no. 8) (Khatian no. 5690)
148 159/646 0.620
150 139, 158, 163, 164, 165, 170 to 172, 176, 645, 12, 13 to 19, 24.580
151 64, 66 to 81, 143 to 157, 159, 173 to 175, 177, 178, 180 to 1.880
152(P) 186, 190-196, 201, 204-206, 140, 94, 621, 238, 240, 263 18.873
Sub total 45.953
Mouza - Konnagar (J.L. no. 7), (Khatian no. 11721)
4473 568, 335, 334, 330, 329, 307, 354, 790, 392, 395, 391, 528, 2.240
529, 515, 525, 526, 1001, 374, 375, 376, 545, 352, 357, 378,
373, 379, 547, 328, 327, 350, 338, 332, 351, 349, 348, 360,
361, 1007, 341, 544, 356, 358, 371, 370, 381, 377, 540, 340,
570, 578, 549, 550, 581, 532, 531, 384, 383, 382, 347, 362,
363, 364, 369, 368, 365, 366, 367, 342, 343, 345, 346, 388,
389, 386, 385, 533, 522, 516, 511, 510,1002, 543
4474(P) 568, 335, 334, 330, 329, 307, 354, 435, 431, 422, 436, 434, 55.674
432, 424, 425, 426, 427, 460, 461, 462, 463, 457, 456, 448,
449, 447, 500, 501-504, 506-509, 398, 612, 641, 642, 649,
650, 652, 654, 656, 606, 609, 659, 430, 644, 676
4475(P) 487/10006 0.790
4476(P) 404, 405, 408, 412, 413, 417-419, 439, 560, 561, 479, 437, 42.875
438, 588, 452, 453, 454, 440, 441, 450, 451, 443, 444, 448,
556-558, 489, 421-423, 398, 1992, 1160, 473-475, 477, 491-
494, 496-498, 460, 461, 499, 553, 1433-1438, 1440-1443,
1450, 1452-1454, 1457, 1459, 1490, 1672-1680, 1683-1685,
1982, 1160, 1179, 1992, 1160, 1672-1680, 1683-1685, 1179,
404.
4499(P) 465 4.760
Sub total 106.339
58
Mouza - Bhadrakali (J.L no. 9) (Khatian no. 7693)
188 181-186, 139, 170-173, 624, 625, 193, 207, 208, 210, 169, 0.780
192 148, 231, 226, 225, 218, 243, 260, 217, 73, 18, 175, 238 16.865
193 1.440
301(P) 181, 182, 185, 186, 188 27.632
Sub total 46.717
Mouza - Bara Bahera (J.L. no. 5) (Khatian no. 3847)
1515 1535, 1536, 1533, 1534, 1242-1266, 1726-1760, 1625, 1269, 4.725
1639- 1649, 1653, 1638, 1803, 1650, 4709, 1657, 1011,
1512, 1516, 1862, 1609, 1983, 1631, 1659-1661, 1627,
1844, 1863, 1672, 1513, 1632, 1203, 1204, 1205, 1308,
1514, 1619
3444 1534, 1533, 1511, 1512, 1512, 677-682, 657, 658, 689, 690, 30.150
1507-1509, 661-668, 670-673, 675, 1530, 1531, 1628, 1629,
684-687
3663 1436, 1438, 1443, 1482 0.625
3664 1436, 1437, 1438, 1480, 1667, 1497-1499, 1493, 1664, 5.033
1665, 1666, 1668-1670
3665 1691,1687,1685,1690 0.814
3666 1691, 1689, 1693, 1699, 1700, 1701, 1703 0.350
3667 1691, 1689, 1692, 1693, 1694, 1696, 1697, 1698, 1700, 3.523
1701, 1709
Sub total 45.220
Mouza – Khorda Bahera (J.L. no. 6) (Khatian no. 1677)
1627 481, 1132, 1133, 1151, 1152, 1153, 1134, 1129, 1127, 475, 0.796
478, 480, 484, 485
1628 1135 0.082
1644 1178, 622-624, 1185, 644, 650-653, 649, 1175, 627, 629, 2.091
640, 642, 643
1645 619, 1196, 1197-1199 0.518
1646 483 0.457
1647(P) 482, 484, 1129-1131, 1137, 1138, 1154-1159, 519, 520, 2.740
1217, 522, 549, 439-463
1676 480, 1126-1128, 476-478, 1115, 1111, 473 0.842
1886 1175, 1176, 616-618, 625, 1218-1220 1.100
1887 1177, 626, 628, 613, 605-607, 586, 1172, 1173, 615, 603, 1.862
59
629
1888 583, 591, 598, 588, 1172, 575, 606, 602, 613, 626-628, 624, 1.120
568, 509-511, 522
1889 650, 583, 591, 604, 602, 628, 622-624, 627, 631, 641, 659, 0.520
642, 588, 598, 613
1890 640 0.520
1891 1184, 1183, 661, 1201, 630, 631, 636-638, 604, 607, 608, 6.220
599-602, 595, 596, 612, 630, 709, 632
1892 600-604, 1882, 606, 404, 415, 414, 413, 419, 408-411, 420, 0.255
346, 342, 343
1893 624, 627, 1179, 1180, 613, 608 2.990
1894 583, 594, 585, 582, 581, 588 3.404
1895 1174, 1182, 598, 600, 494, 495, 434, 480, 484, 410-413 0.280
1896 1181, 630, 705, 706, 1209-1214, 708-710, 720-726 9.677
1897 697, 698, 1206, 1207 0.306
1898 749, 662, 665, 667, 681-683, 685-689, 693-696, 700-702, 7.925
1207, 1208, 712, 715-723, 725-729
1899 1208, 702, 683, 684, 686, 665, 664, 667, 668 0.826
1900 665, 667, 668, 684, 686, 678, 698 0.423
1901 666, 669, 670-680, 1203-1205, 703, 1174, 1176, 610, 611, 9.685
627, 1175
1902 711, 712, 727 0.577
1903 715, 719 0.325
1904 713, 714, 1215, 1216, 716-718, 728-733, 704 3.983
1886/ 1217-1219 0.080
1986
Sub total 59.604
Mouza- Makhla (J.L. no.11) (Khatian no. 5853)
420 396/3110 0.210
432 407 0.850
1503 1503 0.120
1504 1504 2.140
1505 1502/2521 0.440
1538 1540 0.240
1559 1571 2.840
1560 1577 2.220
1561 1580 0.710
1566 1584/2533 0.010
60
1591 1504/2534 0.040
1593 1604/2535 0.060
1597 1607/2536 0.050
1599 1608/2537 0.040
1667 1505/2523 0.200
Sub total 10.170
Grand total 314.003
61
ANNEXURE II
ANNEXURE III
ANNEXURE IV
ANNEXURE IV(A)
62