Judgment · High Court

Mr. Saptangshu Bose, Sr. Adv. Mr. S. Chattopadhyay Ms. Debosri Chatterjee …for respondent nos.5 to 7 Ms. Ipsita Banerjee Mr. Gourav Banerji …for the State A Public Interest Litigation was filed before this Court alleging filling of a water body at L.R. Dag No.396/810 in R.S. Khatian No.1830 under Mouza- Liluah, District-Howrah. In the said public Interest Litigation, a direction was passed upon the District Magistrate, Howrah to ensure that no further illegal filling of the said water body took place. There was also a direction upon the State to file a report. In compliance with the said order, a physical enquiry was conducted giving due notice to the parties. On the basis of the enquiry report, the Assistant Director of Fisheries, Howrah directed the Executive Officer, Bally Municipality, the competent 2 authrority under Section 17A of the West Bengal Inland Fisheries Act, 1984, to take appropriate measure to restore the water body.

Subsequently, by an order dated December 22, 2023, the Executive Officer, Bally Municipality, as the competent authority under the Act of 1984, directed the petitioner to carry out the excavation work for restoration of the pond in question in accordance with the demarcation made by the Block Land and Land Reforms Officer, Bally Jagacha. The said order dated December 22, 2023, has been challenged before this Court by respondent nos.5 to 7 by filing WPA 123 of 2024. Admittedly, there is no stay order passed in the said writ petition. It has been submitted by the Municipality that during pendency of WPA 123 of 2024, a fresh order for restoration of the water body, dated April 19, 2024, has been passed which has not been challenged by respondent nos.5 to 7. In this writ petition, however, we are primarily concerned with the construction raised by respondent nos.5 to 7 at the premises no.251, 305 and 251/1, Mirpara Road, Post Office - Bhattanagar, Police Station - Liluah, District - Howrah-711203 corresponding to R.S. Khatian No.1830 and Dag No.394, 396 and 396/810 (partly) within J.L. No.12 3 Mouza - Liluah, Post Office – Bhattanagar, Police Station – Liluah.

The petitioner herein has, inter alia, prayed for demolition of the alleged unauthorised construction at the said premises. The report filed by the Municipality connection with this present writ petition suggests that respondent nos.5 to 7 have constructed the building without any sanctioned plan. The exception taken by respondent nos.5 to 7 to the report, however, discloses a sanctioned plan. The Municipality seeks time to take instruction with regard to the claim of respondent nos.5 to 7 regarding the said sanctioned plan. I am of the view that the matter should be considered afresh by the Municipality, taking into consideration the letter dated August 1, 2024, submitted by respondent nos.5 to 7 and the documents submitted therewith. Respondent nos.5 to 7 and the writ petitioner shall be heard afresh by the Municipality. After hearing the parties, Municipality shall pass a reasoned order. The entire exercise be completed within a period of three months from the date of communication of this order. Accordingly, WPA 11331 of 2024 is disposed of. 4 Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities. (Kausik Chanda, J.)