Calcutta High Court (Appellete Side)
Biman Krishna Bose vs State Of W.B. & Ors on 17 March, 2011
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
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IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W. P. NO. 23388 (W) of 2010
BIMAN KRISHNA BOSE
Vs.
STATE OF W.B. & ORS.
P R E S E N T :-
The Hon'ble Mr. Justice PINAKI CHANDRA GHOSE
a n d
The Hon'ble Mr. Justice SHUKLA KABIR (SINHA)
For the writ petitioner (in person):-
Mr. Biman Krishna Bose
For the State :-
Mr. Sandip Srimani
Ms. Suchitra Saha
Ms. Sibani Bhagat
Heard on : 17th March, 2011.
Judgment on : 17th March, 2011.
PINAKI CHANDRA GHOSE, J. : The writ petition has been filed by the petitioner in
person.
Facts of the case briefly are as follows :-
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The writ petitioner in person filed this Public Interest Litigation matter stating that the petitioner is a senior citizen and a retired person and uses to visit his maternal aunt's house at Village Rainagar (Mahesbati), P.O. & P.S. Raina, District: Burdwan and he has been able to find out that a water body at Mouza: Mahesbati, P.S.: Raina, J. L. No. 106, C.S. Khatian No. 156, R. S. Khatian No. 156, 313, Plot No. 560 Class Pond, Area 0.24 cents in the District of has been filled up illegally.
The writ petitioner has come before this Court and brought to the notice of the Court that due to illegal filling of the pond the villagers and local people at the said area are suffering a lot. The local people could not move before this Court for their financial stringency. As a result whereof the writ petitioners for their just cause, took steps in the matter and wrote letters to different Government authorities to take steps in the matter in accordance with the provision of law.
Our attention was also drawn on a representation dated 23rd December, 2008 written to the Block Development Officer, Government of West Bengal, the Revenue Officer, B.L. & L.R.O., the Officer-in-Charge, the Anchal Pradhan. After receiving the complaint which was lodged by the writ petitioner dated 23rd December, 2008, a reply was sent to one Sri Tapas Kumar Mitra and also upon the Gram Panchayat of the said village, who filed the said representation. Since no steps were taken as a last redress, the writ petitioner in person moved before this Court against such illegal filling up of the pond in question and the writ petitioner prays that if the nature and character of the said pond is being changed, ecological balance will be disturbed in the said area and in these circumstances, he moved this writ application by way of Public Interest Litigation inter alia praying for a mandamus directing the respondent authorities to act in accordance with the letter dated 9th December, 2009 issued by the Assistant
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Director of Fishery, Burdwan, Government of West Bengal and to take steps in the matter including restoration of the said pond in question in its original condition.
The matter came up before us. We directed the Additional District Magistrate to make an enquiry into the matter and to take steps immediately in respect of the complaint and/or allegation made by the writ petitioner. Upon such direction enquiry was conducted by the Block Land and Land Reforms Officer, Raina -I at Shyamsundar, Burdwan and a report was filed before us wherefrom it appears that:-
"On 10/2/2011 an enquiry was done by the office of the undersigned in presence of the officials of the Fisheries Department. It reveals from the enquiry report and the sketch map attached with that report that Dilip Kumar Das restored 75 ft. length out of the 100 ft. length filled area and the remaining 25 ft. length filled area parallal to the Pacca Road is yet to be restored (sketch map enclosed).
Action would be taken if the party failed to remove the remaining earth from the pond very soon."
Thereafter, the matter did appear before us. We further directed the Additional District Magistrate and District Land and Land Reforms Officer, Burdwan to file a report before us and the Additional District Magistrate and the District Land and Land Reforms Officer, Burdwan also filed a report before us and submitted that a notice was issued by the B.L. & L.R.O., Raina -I to Dilip Kumar Das vide. Memo No. 75/R-I/11 dated 20th January, 2011 to restore the pond into its original nature and shape and 15 days time was granted to him to remove the earth from the date of receipt of that notice. An enquiry was also done by the Assistant Director of Fisheries, Burdwan, Government of West Bengal in the presence of Revenue Inspector and Amin of the concerned B.L. & L.R.O. on 10th February, 2011. The B.L. & L.R.O. has
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submitted a report which is also stated in the preceding paragraphs referred by us. It appears that the said Sri Dilip Kumar Das has already restored the pond in its out of 100 ft. of filled area which would be evident from the report filed by the B.L. & L.R.O., Raina - I at Shyamsundar, Burdwan.
We further direct to make an enquiry and see that the pond in question should be restored back and the position of the nature and character of the pond to its original nature and shape and an affidavit has been filed before us and it reflects that steps have already been taken in the matter by the said authority.
In our last order dated 10th March, 2011 we directed that affidavit of compliance should be filed by the respondent authorities and respondent authorities filed the affidavit of compliance. Additional District Magistrate and District Land and Land Reforms Officer, Burdwan has filed this affidavit and has specifically stated that on 10th March, 2011 a report has been filed by him on 9th March, 2011. The said report is also kept on record.
It is further stated that an enquiry was directed to be conducted and that was completed and a report was also prepared and it appears that from the report the pond in question was previously filled up about 100 ft. from the road-side towards the middle of the said pond. The private respondent has already removed the earth and flyash from the said pond and restoration of the said pond by the offender Sri Dilip Kumar Das. It is also stated that at present only 15 ft. (approximately) of length of the pond remains to be cleared. It is also stated that about 10 ft. will have to be left covered as embankment of the pond as well as flank of a metalled road running by the side of the said pond.
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It is also stated that the said deponent has personally inspected and visited the spot on 9th March, 2011 in the presence of Block Land and Land Reforms Officer, Raina-I at Shyamsundar, Burdwan to take action for removal of balance quantity of 15 ft. of earth from the rest portion of filled up area immediately by issuing further notice to the offender being the private respondent herein.
It is further stated that the private respondent has already been directed by a notice to take immediate steps to remove the said earth and/or flyash from the said 15 ft. from the middle of the pond in question.
It is also stated that a further report has been placed before us by the Additional District Magistrate and District Land and Land Reforms Officer, Burdwan and it has been stated that in furtherance to his earlier report vide Memo No. 366/LM/2010 dated 9th March, 2011 on the spot enquiry to verify the status of the removal of earth from the said pond by the offender Sri Dilip Kumar Das, it has been found by the enquiry team that lifting of earth and flyash has been totally completed and the pond has been restored in its previous nature and character/shape and it is also submitted that the order passed by the Court on 10th March, 2011 is fully complied with.
Accordingly, we direct that the report and the affidavit of compliance should be kept on record.
We further direct that the said authority is directed to see that the pond in question should be maintained property and no steps should be allowed to be taken by any person/persons to change the nature and character of the said pond in any manner whatsoever.
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After recording the said fact this application is disposed of on the above terms. All the photographs placed before us by Mr. Srimany, Learned Advocate appearing on behalf of the State, may be kept on record.
For the reasons stated hereinabove, the writ application is disposed of.
( PINAKI CHANDRA GHOSE, J. ) I agree.
( SHUKLA KABIR (SINHA), J. )