Chabi Hansda v. State Of West Bengal And ORS.

24.09.2025 SL No.6 Court No.1 (gc) WPA (P) 61 of 2021 Chabi Hansda Vs.

The State of West Bengal & Ors.

And CAN 2 of 2025 In Re: M/s Crown Flex Pvt. Ltd.

- Applicant/Respondent No.11 And CAN 3 of 2025 In Re: The Karni Nirman Pvt. Ltd.

- Applicant/Respondent No.9 Mr. Megnadh Dutta, Mr. Amrita Lal Chatterjee ...for the Petitioner.

Mr. Biswabrata Basu Mallick, Ld. A.G.P., Ms. Parna Roy Chowdhury ...for the State.

Mr. Biswaroop Bhattacharya, Mr. Sounak Bhattacharya, Mr. Sumitava Chakraborty ...for the Respondent No.9.

Mr. Aniruddha Chatterjee, Sr. Adv., Mr. Siddharta Chatterjee, Mr. Avirup Chatterjee ...for the Respondent No.11.

Re: WPA (P) 61 of 2021 And CAN 2 of 2025 1.

In view of the report filed by the State dated 10th September, 2025 wherefrom it appears that water body had been filled up and construction had taken place in violation of Section 23(1) of the West Bengal Panchayat Act, 1973 and also having regard to the fact that Karni Nirman Pvt.

Ltd. had failed to turn up in spite of issuance of notice under Section 4C(5) of the WBLR Act, 1955, we direct the authority concerned to take appropriate steps in accordance with law for restoration of water body.

2.

We do not find any reason to interfere with the steps already initiated by the authority concerned.

3.

The proceeding already initiated under Section 4C(5) of the WBLR Act, 1955 shall continue and should be concluded on or before 31st December, 2025 in accordance with law.

4.

The persons aggrieved by the initiation of such proceeding may make appropriate representation before the authorities concerned. 5.

Our observation with regard to the initiation of the proceeding is prima facie based on the report filed on behalf of the State respondents.

6.

Accordingly, the writ petition and the application are disposed of.

Re: CAN 3 of 2025 7.

We do not find any merit in this application, as we are of the view that this application has been taken out to delay the restoration initiated under Section 4C(5) of the WBLR Act, 1955.

8.

Accordingly, this application is dismissed.

9.

However, there shall be no order as to costs.

10.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

[Soumen Sen, C.J. (Acting)] (Apurba Sinha Ray, J.)