Saheb Laskar v. State Of West Bengal And ORS.

24.02.2026 Sl No.46 Ct. No.15 S.A.

WPA 2147 of 2026 Saheb Laskar -vsState of West Bengal & Ors.

Mr. Md. Habibur Rahaman Mr. Md. Ali Ahasan ...for the petitioner Mr. Binoy Kumar Das Ms. Priyanka Mukherjee ...for the State Mr. Souvik Sarkar ... for respondent no.9 The petitioner alleges that unauthorized construction has been carried out at the behest of respondent no. 9. It is contended that, without obtaining any permission from the Panchayat Authority, respondent no. 9 has undertaken construction over Plot No. 1120, Mouza - Jangalia, J.L. No. 61, Police Station Joynagar, District - South 24 Parganas.

The petitioner has not produced any photographs of the relevant building. It is, however, submitted that the petitioner does not claim any right, title, or interest over the land in question. The petitioner further contends that the construction was carried out without changing the classification of the land from Sali to Bastu.

Learned counsel appearing for respondent no. 9 has produced photographs of the building and submitted that the construction was undertaken under the Pradhan Mantri Awas Yojana.

It is noted that the building was constructed prior to the filing of the writ petition. Furthermore, the construction falls within the scope of the first proviso to Rule 19(1) of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004. A building constructed under the Pradhan Mantri Awas Yojana, therefore, does not require a sanctioned plan from the Panchayat.

In view of the foregoing, WPA 2147 of 2026 is dismissed. Let the photographs and documents produced by respondent no. 9 be kept on record. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)