Nirmal Porel v. The State of West Bengal & Ors.
Case at a glance
- Bench
- SHAMPA SARKAR
Outcome
Disposed of
The matter is disposed of
Provisions considered
Judgment
Mr. Prosenjit Mukherjee Mr. Arghya Kamal Das Mr. Lalitmohan Mahata, AGP Mr. Prasanta Behari Mahata Mr. Ujjal Roy … for the petitioner … for the State … for respondents The petitioner alleges that the respondent nos. 6 and 7 had constructed over a water-body without taking permission from the Dehibatpur Gram Panchayat. It appears from the pictures which have been annexed to the writ petition that the construction was temporary in nature and thus exempted from the provisions of Section 23 of the West Bengal Panchayat Act, 1973. Reference is made to Rule 19 of the West Bengal Panchayat (Gram Pahchayat Administration) Rules, 2004. The allegation, that the construction had been made over a water-body, has been referred to the Block Land and Land Reforms Officer, Pursurah, by an order passed by the learned Executive Magistrate, Arambagh Sub Division , Hooghly. Thus the Block Land and Land Reforms officer, shall proceed to deal with the allegation of construction 2 over a water-body without proper conversion, in terms of the provisions of the West Bengal Land Reforms Act,
Operative part
1955. The Panchayat authority shall ensure that no concrete or brick-built structure on the question, contrary to the provisions of law, is raised in future. The petitioner is also at liberty to approach the Block Land and Land Reforms Officer for initiation of proceedings under Section 4C of the West Bengal Land Reforms Act, 1955. The petitioner is granted further opportunity to approach any other, competent authority, to decide the allegation of construction over water-bodies. However, it is made clear that if any portion of the construction, is either brick-built or concrete, in that event the panchayat authorities shall act and proceed in accordance with law upon giving an opportunity of hearing to all the interested parties. The matter is disposed of. This court has not gone into the claims and counter-claims of the respective parties. Parties to act on server copies of the order. (Shampa Sarkar, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The matter is disposed of
Which statutory provisions did this judgment involve?
West Bengal Panchayat Act, 1973 — s. 23; West Bengal Land Reforms Act, 1955.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.