Swapan Satt And ORS v. State Of West Bengal And ORS.

13.4.2022 Court No. 19 Item No. 15 sn WPA 6166 of 2021 Swapan Satt & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Prasenjit Mukherjee Mr. Saptarshi Chakraborty Mr. Arghya Kamal Das Ms. Tiyasa Ghosh ...for the petitioners Mr. Ashish Kumar Gupta Mr. N. Ghosh Dastidar ..for the State Mr. Jayanta Kumar Mondal Mr. Sayantan Rakshit ..for the respdt.8 The petitioners allege unauthorized construction by the respondent no.8 on the land recorded as L.R. Plot no. 1619 pertaining to Khatian no.522, J.L. No. 30, Mouza Bagdanga, District Hooghly. It is submitted that the said area falls within the jurisdiction of the Bagdanga Chinamore Gram Panchayat. It is also submitted that the said construction has been made without any sanction and/or permission from the Panchayat authorities in terms of Section 23 of the West Bengal Panchayat Act, 1973.

Mr.

Mondal, learned advocate for the respondent no.8, submits that the said construction has been made on the basis of a permission granted by the Gram Panchayat, pursuant to approval of the

sanction plan. Such construction was granted some time in August, 2020. A copy of the plan as also the permission was produced before this Court for perusal.

Thus, nothing remains to be decided in this writ petition, the same is disposed of without any orders.

If in future, it is detected, that the construction has been made in violation of the plan or the rules, the authority may proceed in accordance with law. 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 advocate's communication.

(Shampa Sarkar, J.)