S/L 18 v. The State of West Bengal & Ors.

Under such circumstances, the writ petition is disposed of with a liberty to the petitioners to approach the District Magistrate, Howrah with their grievances. The law as prescribed under Section 44 of the West Bengal Panchayat Act, 1973 is clear. It states that where a gram panchayat requires land for carrying out any activities as per the provisions of the Act, it may either negotiate with the person or persons having interest in the said land and if it fails to reach an agreement, it may make an application to the Collector for acquisition of the land, who may, if satisfied that the land would be required for a public purpose, take steps to acquire the land. If such application is made, the same shall be disposed of by the District Magistrate in accordance with law upon hearing the petitioners and/or their representative and also the panchayat authorities. A reasoned order shall be passed and communicated to the parties. On the basis of the findings of the District Magistrate, steps shall be taken by the authorities, in accordance with law. It is made clear that the District Magistrate’s office shall conduct an inspection of the premises in question, in the presence of the parties, before proceeding with the hearing of the matter. A report shall be prepared and supplied to the parties. The parties shall be at 3 liberty to deal with the report. Thereafter the matter shall be heard and disposed of. It is made clear that this Court has not gone into the merits of the claims of the petitioners and the entire issue shall be resolved by the District Magistrate in accordance with the provisions of law. The entire exercise shall be completed within a period of three months from the date of receipt of the representation of the petitioners. Accordingly, the writ petition is disposed of. However, there will be no order as to costs. All the parties are directed to act on the basis of the learned advocates’ communication. (Shampa Sarkar, J.)