Bhishwadeb Mandal v. State Of West Bengal & ORS

17.01.2022 Court No. 19 Item no.11 (gc) WPA 5084 of 2020 Bhishwadeb Mandal Vs.

The State of West Bengal & Ors.

Md. Sarwar Jahan, Adv., ......for the petitioner.

Mr. Manas Kumar Kundu, Adv., Mr. Jaydeep Basu, Adv., ... for the State.

Affidavit-of-service filed in Court today is taken on record.

None appears on behalf of the respondents apart from the State respondents.

The allegation is with regard to certain unauthorized constructions allegedly raised by the respondent Nos.10 and 11 on L.R. Plot Nos. 724 and 727 under J.L. No.45, Mouza- Jagatballavpur, within Rajibpur Gram Panchayat under Budge Budge-I Block, South 24 Parganas. As there are disputes with regard to the alleged construction and the Court is not an expert to decide on the correctness of such allegations, the wit petition is disposed of with a direction upon the competent authority of Rajibpur Gram Panchayat to dispose of the complaint of the petitioner being Annexure P-5 to the writ petition in the manner as stated hereinbelow:-

a) An inspection of the site shall be conducted. Such inspection shall be held in the presence of the parties, with 48 hours advance notice to the petitioner and the respondents Nos. 10 and 11.

b) The report of the inspection shall be prepared along with the sketch map indicating the extent of deviation, if any.

c) Such report shall be handed over to the petitioner as also the respondents Nos.10 and 11.

d) A hearing shall be given to the petitioner and the respondents Nos.10 and 11. The parties must also be allowed to furnish their written objection/version to the said report and adduce oral and documentary evidence in support of their contentions before the competent authority.

e) A reasoned order shall be passed and communicated to the parties. On the basis of what transpires at the hearing and during inspection, the proceedings shall be reached to its logical conclusion in terms of the provisions of the relevant statute.

The court has not gone into the merit of the claims and counter-claims of the parties and the

issues shall be decided independently. The question of title or encroachment shall not be gone into. The proceeding will be restricted to the issue of unauthorized construction alone i.e., whether the construction is in the absence of a sanction plan, in deviation of the same or in deviation to the rules. In view of the rising pandemic situation, the entire exercise shall be completed within a period of eight months from the date of communication of this order.

The writ petition is, thus, disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)