Calcutta High Court (Appellete Side)
Ashim Safui vs State Of West Bengal & Ors on 27 September, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
1
27.09.2018
Ct. No.13
S/L No.49
KS
W. P. No.18757 (W) of 2018
Ashim Safui
Versus
State of West Bengal & Ors.
Mr. Sukanta Chakraborty
Mr. Anindya Halder
..... For the Petitioner
Mr. Arjun Roy Mukherjee
Mr. K. M. Hossain
.....For the State
Mr. Alok Kumar Ghosh
Mr. Gopal Chandra Das
.....For the K.M.C.
Mr. Saptangsu Basu
Ms. S. Chaudhuri
.....For the respondent No.17
Mr. D. Purakayasto Mr. Sarajit Sen Mr. Sagar Choudhury .....For the respondent Nos.18 & 19 Mr. Tarique Quasimuddin Mrs. Zainab Tahur .....For the respondent Nos.15 & 16 The petitioner complains that, there are unauthorized construction on a plot of land which is to be treated as a water body. Learned advocate appearing for the petitioner refers to the record of rights and submits that, the land concerned has been classified as 'Beel' and according to him, the land in question is water body and therefore, no construction could have been done.
Learned senior advocate appearing for the respondent no.17 submits that, the land is located at Madurdaha Mouza. He refers to a decision of the Division Bench reported in 2016 Vol.4 Calcutta High Court Notes (Cal) 17 (State of West Bengal Vs. Companion Traders Private Ltd.) and submits that, the Division Bench went into the issue of whether, there exist any water body in such Mouza or not. The Division Bench is of the view that, no land can be considered as 'Beel' in such Mouza. Consequently, he submits that, the petitioner is not entitled to any relief in the present writ petition. He draws the attention 2 of the Court to the prayers made in the writ petition and submits that, the petitioner is seeking relief which the petitioner is not entitled to.
Learned advocate appearing for the respondent nos.18 and 19 and submits that, there are four civil suits pending in relation to the property.
The Corporation, State and the respondent nos.15 and 16 are represented. The applicability of the ratio laid down in Companion Traders Private Limited (supra) is required to be considered after the parties are afforded one opportunity to file affidavits.
So far as the contention of the petitioner that, the land concerned is a water body and not being duly converted, is concerned, it would be appropriate to call for a report from the concerned Block Land & Land Reforms Officer. The Block Land & Land Reforms Officer will submit a report in the form of an affidavit, as to whether, the land in question is still a water body or not and whether there was any conversion which was, in accordance with law, or not.
List the writ petition on October 9, 2018 when the report, as called for, be submitted.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)