National Green Tribunal
In Re 14 Cottah Mahisbathan Pond Turns ... vs Sate Of West Bengal on 30 July, 2025
Item No.12 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.12/2024/EZ
In Re.: 14 Cottah Mahisbathan
Pond Turns into field, BMC steps
in Kolkata, WB .... Applicant(s)
Versus
Principal Secretary, Department of Environment,
Govt. of West Bengal & Ors. .... Respondent(s)
Date of hearing : 30.07.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Suo Motu
For Respondent(s) : Mr. Sudip Kumar Dutta, Adv. for R-1,2 & 5 (in Virtual Mode),
Mr. Sibojyoti Chakrabarti, Adv. for R-3 (in Virtual Mode),
Ms. Paushali Banerjee, Adv. for R-4,
Mr. Kallol Basu, Advocate a/w
Mr. Nilanjan Pal, Advocate,
Mr. Basudeb Patra, Advocate and
Mr. Atreya Chakraborty, Advocate for R-6-9
ORDER
1. Heard Mr. Sudip Kumar Dutta, learned Counsel appearing (in Virtual Mode) for the State Respondents ; Mr. Sibojyoti Chakrabarti, learned Counsel appearing (in Virtual Mode) for the Respondent No.3, West Bengal Pollution Control Board ; Ms. Paushali Banerjee, learned Counsel appearing for the Respondent No.4, Bidhannagar Municipal Corporation ; Mr. Kallol Basu assisted by Mr. Nilanjan Pal and Mr. Atreya Chakraborty, learned Counsel appearing for Respondent Nos.6 to 9. (Final order of the said case will be uploaded in NGT website by separate sheets of paper).
.....................................
B. Amit Sthalekar, JM .............................................
Dr. Arun Kumar Verma, EM
July 30, 2025,
Original Application No.12/2024/EZ
MN
1
Item No.12 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.12/2024/EZ In the matter of:
In Re.: 14 Cottah Mahisbathan Pond Turns into field, BMC steps in Kolkata, WB .... Applicant(s) Versus
1. Principal Secretary, Department of Environment, Govt. of West Bengal
2. Principal Secretary, Department of Fisheries, Government of West Bengal,
3. West Bengal Pollution Control Board, Through its Member Secretary, Kolkata
4. Bidhannagar Municipal Corporation Through its Commissioner, Kolkata
5. District Magistrate, North 24 Parganas
6. Alok Kumar Mondal S/o Late Krishnapada Mondal
7. Ashish Kumar Mondal S/o Late Krishnapada Mondal
8. Samar Kumar Mondal S/o Late Bhimchandra Mondal
9. Shyamal Kumar Mondal S/o Late Bhimchandra Mondal .... Respondent(s) Date of hearing : 30.07.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Suo Motu For Respondent(s) : Mr. Sudip Kumar Dutta, Adv. for R-1,2 & 5 (in Virtual Mode), Mr. Sibojyoti Chakrabarti, Adv. for R-3 (in Virtual Mode), Ms. Paushali Banerjee, Adv. for R-4, Mr. Kallol Basu, Advocate a/w Mr. Nilanjan Pal, Advocate, Mr. Basudeb Patra, Advocate and Mr. Atreya Chakraborty, Advocate for R-6-9 ORDER 2
1. This Original Application was taken up suo motu in view of a news article published in National Daily 'The Times of India' on 05.01.2024, titled "14-cottah Mahisbathan pond turns into field, BMC steps in, Kolkata, West Bengal". The article reads as under:-
"A pond, spanning 12-14-cottah land at Mahisbathan behind Sector V, Salt Lake, has allegedly been filled up in a matter of a week, apparently to carry out constructions there. Alerted, the BMC promised to restore the water body to its original state. It is also sending a notice to police to find the accused. TOI on Thursday visited the spot off a library in Mahisbathan in BMC Ward 28 and found the water body filled up with waste and debris. BMC MMiC (environment) Rahima Bibi Mondal said the matter was recently detected and the civic body was taking rectifying steps. "A notice is being sent to the police and the water body will be restored to its original state. It could not be found who were behind the illegal fill-up. The debris was suspected to have been dumped at night," Mondal said. Pointing out that water bodies in the area were often being filled up, in the guise of dumping waste there, she said, "We are keeping an eye out. No water body or pond can be filled up." BMC officials said they regularly cleaned up ponds in their area. "We are conducting regular clean-up by manually dredging and picking up mud from the bed of the ponds so that people can use the water bodies," said a civic official. In BMC Ward 38, which covers Duttabad, there are 64 ponds. Ward authorities, with the help of boys from local clubs, clean up the water bodies every Sunday. "The exercise is aimed at preventing waste from getting piled up on the banks and stopping mosquito breeding," said a Ward 38 official."
2. The stand of the Bidhannagar Municipal Corporation ('BMC' for short) in their affidavit dated 10.05.2024 is that the site was first inspected on 28.12.2023 followed by a second inspection held on 05.01.2024 at the premises plot No.MB1 Lalbari behind Mahisbathan Jatiya Vidyalay under Ward 28 and it was found that a waterbody has been filled up illegally. Accordingly the Corporation through its letter dated 05.01.2024 and 10.01.2024 3 informed the concerned Police Station regarding illegal filling up of pond and on 10.01.2024 a First Information Report ('FIR' for short) was lodged at the concerned Police Station by the Corporation against the illegal filling up of the pond.
3. The factum of illegal filling up of the pond in question was informed by the Corporation to the concerned District Magistrate, North 24 Parganas through letter of the Bidhannagar Municipal Corporation dated 15.01.2024. It is further stated that the Corporation vide its letters dated 21.02.2024 and 20.03.2024 addressed to the Block Land and Land Reforms Officer B.L.&L.R.O. sought information regarding the present ownership status of the waterbody at Mouza
- Mahisbathan, Ward No.28, Dag No. CS 221, Khatian No. C.S.193, District North 24 Parganas. It is stated that on 21.03.2024, a Joint Inspection was carried out by the West Bengal Pollution Control Board and Block Land and Land Reforms Officer, Revenue Inspector Rajarhat BL&LRO and Surveyor, Bidhannagar Municipal Corporation and it was found that the land in question was a vacant land and some garbage and excavated earth was scattered over it.
4. It is also stated that as per C.S. Record the Plot No.221 was recorded as 'Shali' and then in R.S. Record it is recorded as 'Doba' and as per L.R. Record the said Plot now Plot No.166 is recorded as 'Pukur'.
5. The Joint Field Inspection Report has also been filed with the affidavit of the Bidhannagar Municipal Corporation which reads as under :-
"To The B.L & L.R.O (In the rank of Asst Director) Rajarhat North 24 parganas 4 Sub: - Joint Field Verification Regarding illegal pond filling in L.R. Plot No.166 of Mouza - Mahisbathan, J.L No.18 Sir, As per the above mentioned case a joint field level inspection has been conducted on 07/03/2024 by a team that included -
1) Sri Anindya Das Gupta, Environmental Engineer, Salt Lake Regional Office, WBPCB, Mob. No 9748434946
2) Sri Santu Mukherjee, Revenue Inspector, under Rajarhat BL&LRO
3) Sri Anjan Chaudhury, Surveyor, BMC, Mob. No. - 9432845170 During the site visit it is found that though the suit L.R. plot 166 is recorded as Pukur, at present there is no Pukur at the concerned plot. Total area of the alleged plot is 26 Dec. and maximum portion of it is found as vacant danga land (approximately 22 Dec.) and some garbage and excavated earth is seen scattered here and there.
In the remaining 4 Dec. there exists a club named Dr. Bidhan Roy Smriti Sangha (at the northern side), a tin shed Garage and a shop (at the north-west side).
After document verification it is found that as per C.S Record (then it was Plot No 221) the said plot is recorded as 'Shali' ; at the stage of R.S record (then it was Plot No 166) it is recorded as 'Doba' and as per L.R Record (now Plot No 166) the recorded classification of the said plot is 'Pukur'. The enquiry report including few images of the said plot, copy of C.S Record, R.S Record and L.R Record is being forwarded herewith for this case for your kind information.
Environmental Engineer Revenue Inspector Surveyor
Salt Lake R O Office of the BL & LRO BMC"
WBPCB Rajarhat
6. The District Magistrate and Collector, North 24 Parganas has filed affidavit dated 19.07.2024 and it is stated that the B.L.&.L.R.O. vide its letter dated 02.02.2024 has forwarded an Enquiry Report which entails that :-
a) "That the R.S./L.R. Plot no. 166, under Mouza - Mahisbathan of the said Block, though recorded as pukur, but physically there exists no water body presently.
b) That out of the total 26 decimal of the said plot, a tin shed garage and a club named 'Dr. Bidhan Roy Smriti Sangha' approximately measuring an area of 3 decimals was seen to have existed during enquiry.
5
c) That, throughout the rest 23 decimal of the said plot, concrete building materials were seen to have scattered around.
d) That the concerned plot is being used as 'Vacant danga land' presently.
e) That few images of the physical condition of the concerned, as was found during enquiry, has been attached with the enquiry report."
7. It is also stated that the B.L.&L.R.O., Rajarhat has further informed that a notice U/S 4C(5) of the West Bengal Land Reforms Act, 1955 has been issued to the recorded owners of the Plot in question vide Notice dated 09.01.2024. Along with his Report, the B.L.&L.R.O. has also attached a letter dated 29.01.2024 purportedly submitted before him by Aloke Mondal, Ashish Mondal, Samar Mondal and Shyamal Mondal respectively and it is stated that on verification of the concerned plot, these persons appeared to be recorded Raiyats of the concerned plot therein L.R. Khatian No.635, 636, 634 and 633 respectively. In their letter dated 29.01.2024, the stand of the aforesaid persons is that :
a) physical character of the land is 'Solid low land'.
b) They have donated some part of the land to the Club namely Dr. Bidhan Roy Smriti Sangha.
c) Rest of the vacant land is being used to organize festivals and other occasions and for such purpose, building raw materials are generally laid on the vacant land almost throughout the year. Copy of the letter is at page 53 of the paper book and it further mentions that now all the materials and soil has been removed from the said land.
8. The District Magistrate, North 24 Parganas in his affidavit has also stated that since the documents on record show that since as per physical classification, the land in question has ceased to be a 6 waterbody, the question would arise as to when it came to be used as vacant land. Provisions of Rule 166 of the West Bengal Land Reforms Manual 1991 have been referred to and it is stated that in terms of Section 4(4) of the West Bengal Land Reforms Act, 1955 if it is established that the change of characteristic of the land was deliberately made 'without reasonable cause' after 24.03.1986, the land may be vested U/S 4(4) in the State and penal action may be taken U/S 4D of the Act.
9. A further affidavit has been filed by the District Magistrate, North 24 Parganas dated 07.01.2025 reiterating the contents of its earlier affidavit and in addition, it is stated that at the time of enquiry, the recorded Raiyats submitted two Deeds being No.2004 of 1941 and 1047 of 1941 to prove that C.S. Plot No.221 had been mentioned as 'Shali' and not as 'Doba' or 'Pukur'.
10. It is stated that on scrutiny of Revisional Settlement Record of Rights being R.S. Khatian No.193, it appears that the classification of R.S. Plot No.166 which originated from C.S. Plot No.221, was changed into 'Doba' striking out 'Shali' and as such it is evident that the subject plot was existing as a waterbody during the Revisional Settlement operation which was continuing during 1957.
11. The West Bengal Pollution Control Board has filed its affidavit dated 21.06.024 and the stand of the Board is that as per document verification, as per C.S. Record, the land in question, was earlier Plot No.221 recorded as 'Shali' and at the stage of R.S. Record, it was Plot No.166 recorded as 'Doba' and as per L.R. Record, (now Plot No.166) it is recorded as 'Pukur' measuring 26 decimal and maximum portion of the land is found to be vacant 'Danga' land and some garbage and excavated earth is seen 7 scattered here and there and on the remaining 4 decimal of the land, there exists a Club named "Dr. Bidhan Roy Smrity Sangha"
(on the Northern side), a tin shed garage and a shop on the North West side. It is stated that during site visit, there was no 'Pukur' on the same plot.
12. The Joint Field Inspection Report has also been filed with the affidavit of the Bidhannagar Municipal Corporation which has already been extracted hereinabove.
13. The Respondent No.6 to 9 have filed affidavit dated 23.07.2024 and their stand is that they are joint recorded owners of land measuring 26 decimal (equivalent to 15 cottahs - 12 chittacks - 5 sq.ft.) situated at J.L. No.18, Mouza - Mahisbathan, comprised in C.S. Dag No.221 corresponding to R.S. and L.R. Dag No.166 under C.S. Khatian No.1936 corresponding to R.S. Khatian No.210 and L.R. Khatian No.633, 634, 635 and 636, Police Station - Electronics Complex, District - North 24 Parganas.
14. The case of the Respondent Nos.6 to 9 further is that ownership of the land in question originally vested in one Smt. Bijan Bashini Mondal, wife of Balaram Mondal (both since deceased), through whom the property has devolved upon the Respondent Nos.6, 7, 8 and 9 being present recorded owners and it is stated that the said Bijan Bashini Mondal had purchased the land as 'Shali' by classification by virtue of 2 separate Indentures executed in the year 1941 from the then C.S. recorded owners namely Santosh Kumar Mondal, Biswanath Mondal and Bipracharan Mondal.
15. It is stated that in the 'Tapashil' (Schedule) of both the deeds of 1941, the land transferred under C.S. Dag No.221 is clearly mentioned and described as 'Shali' by classification and also in the 8 C.S. Porcha of the C.S. recorded owners so abovenamed under C.S. Khatian No.193, the entire C.S. Dag No.221 (corresponding to R.S. & L. R. Dag No.166) was clearly classified as 'Shali'. It is therefore stated that the land was 'Shali' from the very beginning i.e. since the framing of the oldest Record of Rights of land in West Bengal framed at the time of C.S. Zarip also known as 'Cadastral Settlement Zarip'.
16. It is stated that at the time of framing of the Revisional Settlement Record of Rights (RoR) in the name of Bijan Bashini Mondal under R. S. Khatian No.210, the concerned B.L.&L.R.O. had inspected the said plot in question and probably upon finding rain water in the low vacant land, he altered the land classification from 'Shali' to 'Doba' erroneously. The receipt of notice dated 09.01.2024 from the B.L.&L.R.O., Rajarhat U/S 4C(5) of West Bengal Land Reforms Act, 1955 has not been disputed and it is stated that the Respondent Nos.6 to 9 had also replied to the said notice on 18.01.2024. The stand taken by the Respondent Nos.6 to 9 also is that it is only when they received notice dated 09.01.2024 from the Block Land and Land Reforms Officer that they came to know for the first time that the classification of the land had been changed from 'Shali' to 'Doba' and thereafter 'Pukur' in the R.S. and L.R. Record of Rights and therefore, the Respondent Nos.6 to 9 submitted a further reply dated 24.02.2024 against the notice dated 09.01.2024 to the B.L.&L.R.O., Rajarhat.
17. It is stated that the Respondent Nos.6 to 9 have also taken steps by filing an application U/S 50(1)(f) of the West Bengal Land Reforms Act 1955 before the Block Land and Land Reforms Officer, Rajarhat 9 on 05.02.2024 and the same is still pending adjudication before the said authority.
18. It is also stated that the Respondent Nos.6 to 9 were called for hearing before the Bidhannagar Municipal Corporation vide its letter dated 22.03.2024 and they had also appeared before the Corporation on 28.03.2024 and submitted their stand.
19. In a further affidavit dated 27.02.2024, the Respondent No.6 to 9 have reiterated the stand taken by them in their previous affidavit.
20. The stand of Bidhannagar Municipal Corporation, the District Magistrate, North 24 Parganas and the West Bengal Pollution Control Board is that the land in question which was recorded as C.S. Plot No.221 lateron R.S. and L.R. Plot No.166 was originally recorded as 'Shali', lateron reclassified as 'Doba' and thereafter it is recorded as 'Pukur' during Revisional Settlement. The stand of the Respondent Nos.6 to 9 is that the land in question devolved upon them through two deeds of 1941 as per Tapashil (Schedule) 1941 and at that time the land was classified as 'Shali' and the said Respondents had no knowledge as to when the classification of the land was changed from 'Shali' to 'Doba' and thereafter to 'Pukur' until they received the notice of the Block Land and Land Reforms Officer, Rajarhat dated 09.01.2024 to which they have submitted their reply and they have also participated in the hearing before the Bidhannagar Municipal Corporation in pursuance of the notice issued by the Bidhannagar Municipal Corporation. The said Respondents have also stated that they have submitted an application U/S 50(1)f of the West Bengal Land Reforms Act 1955 on 05.02.2024 which is still pending adjudication. 10
21. The categorical stand of the State Respondents is that the land was reclassified during Revisional Settlement proceedings as far back as 1957 and the stand of the Bidhannagar Municipal Corporation is that when they found that the land was converted into vacant land and had been filled up with building material and garbage, they have lodged First Information Report (FIR) against the persons in whose name the land has been recorded.
22. The question as to whether the Respondent No.6 to 9 had information with regard to reclassification of the plot from 'Shali' to 'Doba' and 'Pukur' at the time of Revisional Settlement in 1957, has to be decided.
23. The State Respondents have not laid any categorical material evidence to show that the Respondent Nos.6 to 9 had knowledge of change of classification of the said land at the time of Revisional Settlement Record of Rights and whether any proceedings were held at that time with due notice to the Respondent Nos.6 to 9. Any documents in this regard would be available in the office of the Revenue Department or in the custody of the Block Land and Land Reforms Officer, Rajarhat and could have been brought on record through the affidavit of the District Magistrate, North 24 Parganas but no such documents have been placed before us except for bald averments.
24. We have no jurisdiction to examine questions relating to the application of Rule 166 of the West Bengal Land Reforms Manual 1991 or application of Section 4(4) or Section 50(1)(f) of the West Bengal Land Reforms Act 1955 and according to the Respondent Nos.6 to 9 those proceedings are pending before the Revenue Authorities.
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25. Likewise we have no jurisdiction to examine the merits or legitimacy of the First Information Report (FIR) having been lodged by the Bidhannagar Municipal Corporation against the recorded holders of the land in question, but if the land in question is 'Pukur' or 'Doba' and is recorded as such for the last seventy years in the Revenue Records, the same must be restored and protected as such.
26. The stand of the Respondent Nos.6 to 9 is that originally the land was recorded as 'Shali' which is agricultural land, which is not disputed by the State Respondents but since the proceedings under the Land Revenue Act are pending before the Revenue Authorities and no material documents have been placed before us by the State Respondents to ascribe the knowledge of the Respondent Nos.6 to 9 to the reclassification of the land in question to 'Doba' and 'Pukur' under the Revisional Settlement Record of Rights, we dispose of the present Original Application with a direction to the District Magistrate, North 24 Parganas to ensure that the Revenue proceedings are concluded by the competent authority giving the parties a reasonable opportunity of being heard, expeditiously, preferably by 30.09.2025 and if in such proceedings as referred in Para 24 above it transpires that the land is 'Doba' and 'Pukur' and classification of the land as such was within the knowledge of the Respondent Nos.6 to 9 at the time of the Revisional Settlement Record of Rights, 1957, it shall be the duty of the District Magistrate, North 24 Parganas to ensure that the land in question is restored and protected as 'Pukur' and the Respondent Nos.6 to 9 shall be responsible for its restoration and payment of 12 Environmental Compensation for damage caused for destroying the nature of the land.
27. The present Original Application is disposed of with the aforesaid directions.
28. I.As, if any, stand disposed of accordingly.
29. There shall be no orders as to costs.
Sd/-
.....................................
B. Amit Sthalekar, JM .............................................
Dr. Arun Kumar Verma, EM
July 30, 2025,
Original Application No.12/2024/EZ
SKB
13
Item No.12 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.12/2024/EZ In Re.: 14 Cottah Mahisbathan Pond Turns into field, BMC steps in Kolkata, WB .... Applicant(s) Versus Principal Secretary, Department of Environment, Govt. of West Bengal & Ors. .... Respondent(s) Date of hearing : 30.07.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Suo Motu For Respondent(s) : Mr. Sudip Kumar Dutta, Adv. for R-1,2 & 5 (in Virtual Mode), Mr. Sibojyoti Chakrabarti, Adv. for R-3 (in Virtual Mode), Ms. Paushali Banerjee, Adv. for R-4, Mr. Kallol Basu, Advocate a/w Mr. Nilanjan Pal, Advocate, Mr. Basudeb Patra, Advocate and Mr. Atreya Chakraborty, Advocate for R-6-9 ORDER
1. Heard Mr. Sudip Kumar Dutta, learned Counsel appearing (in Virtual Mode) for the State Respondents ; Mr. Sibojyoti Chakrabarti, learned Counsel appearing (in Virtual Mode) for the Respondent No.3, West Bengal Pollution Control Board ; Ms. Paushali Banerjee, learned Counsel appearing for the Respondent No.4, Bidhannagar Municipal Corporation ; Mr. Kallol Basu assisted by Mr. Nilanjan Pal and Mr. Atreya Chakraborty, learned Counsel appearing for Respondent Nos.6 to 9. (Final order of the said case will be uploaded in NGT website by separate sheets of paper).
.....................................
B. Amit Sthalekar, JM .............................................
Dr. Arun Kumar Verma, EM
July 30, 2025,
Original Application No.12/2024/EZ
MN
14
Item No.12 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.12/2024/EZ In the matter of:
In Re.: 14 Cottah Mahisbathan Pond Turns into field, BMC steps in Kolkata, WB .... Applicant(s) Versus
1. Principal Secretary, Department of Environment, Govt. of West Bengal
2. Principal Secretary, Department of Fisheries, Government of West Bengal,
3. West Bengal Pollution Control Board, Through its Member Secretary, Kolkata
4. Bidhannagar Municipal Corporation Through its Commissioner, Kolkata
5. District Magistrate, North 24 Parganas
6. Alok Kumar Mondal S/o Late Krishnapada Mondal
7. Ashish Kumar Mondal S/o Late Krishnapada Mondal
8. Samar Kumar Mondal S/o Late Bhimchandra Mondal
9. Shyamal Kumar Mondal S/o Late Bhimchandra Mondal .... Respondent(s) Date of hearing : 30.07.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Suo Motu For Respondent(s) : Mr. Sudip Kumar Dutta, Adv. for R-1,2 & 5 (in Virtual Mode), Mr. Sibojyoti Chakrabarti, Adv. for R-3 (in Virtual Mode), Ms. Paushali Banerjee, Adv. for R-4, Mr. Kallol Basu, Advocate a/w Mr. Nilanjan Pal, Advocate, Mr. Basudeb Patra, Advocate and Mr. Atreya Chakraborty, Advocate for R-6-9 ORDER 15
1. This Original Application was taken up suo motu in view of a news article published in National Daily 'The Times of India' on 05.01.2024, titled "14-cottah Mahisbathan pond turns into field, BMC steps in, Kolkata, West Bengal". The article reads as under:-
"A pond, spanning 12-14-cottah land at Mahisbathan behind Sector V, Salt Lake, has allegedly been filled up in a matter of a week, apparently to carry out constructions there. Alerted, the BMC promised to restore the water body to its original state. It is also sending a notice to police to find the accused. TOI on Thursday visited the spot off a library in Mahisbathan in BMC Ward 28 and found the water body filled up with waste and debris. BMC MMiC (environment) Rahima Bibi Mondal said the matter was recently detected and the civic body was taking rectifying steps. "A notice is being sent to the police and the water body will be restored to its original state. It could not be found who were behind the illegal fill-up. The debris was suspected to have been dumped at night," Mondal said. Pointing out that water bodies in the area were often being filled up, in the guise of dumping waste there, she said, "We are keeping an eye out. No water body or pond can be filled up." BMC officials said they regularly cleaned up ponds in their area. "We are conducting regular clean-up by manually dredging and picking up mud from the bed of the ponds so that people can use the water bodies," said a civic official. In BMC Ward 38, which covers Duttabad, there are 64 ponds. Ward authorities, with the help of boys from local clubs, clean up the water bodies every Sunday. "The exercise is aimed at preventing waste from getting piled up on the banks and stopping mosquito breeding," said a Ward 38 official."
2. The stand of the Bidhannagar Municipal Corporation ('BMC' for short) in their affidavit dated 10.05.2024 is that the site was first inspected on 28.12.2023 followed by a second inspection held on 05.01.2024 at the premises plot No.MB1 Lalbari behind Mahisbathan Jatiya Vidyalay under Ward 28 and it was found that a waterbody has been filled up illegally. Accordingly the Corporation through its letter dated 05.01.2024 and 10.01.2024 16 informed the concerned Police Station regarding illegal filling up of pond and on 10.01.2024 a First Information Report ('FIR' for short) was lodged at the concerned Police Station by the Corporation against the illegal filling up of the pond.
3. The factum of illegal filling up of the pond in question was informed by the Corporation to the concerned District Magistrate, North 24 Parganas through letter of the Bidhannagar Municipal Corporation dated 15.01.2024. It is further stated that the Corporation vide its letters dated 21.02.2024 and 20.03.2024 addressed to the Block Land and Land Reforms Officer B.L.&L.R.O. sought information regarding the present ownership status of the waterbody at Mouza
- Mahisbathan, Ward No.28, Dag No. CS 221, Khatian No. C.S.193, District North 24 Parganas. It is stated that on 21.03.2024, a Joint Inspection was carried out by the West Bengal Pollution Control Board and Block Land and Land Reforms Officer, Revenue Inspector Rajarhat BL&LRO and Surveyor, Bidhannagar Municipal Corporation and it was found that the land in question was a vacant land and some garbage and excavated earth was scattered over it.
4. It is also stated that as per C.S. Record the Plot No.221 was recorded as 'Shali' and then in R.S. Record it is recorded as 'Doba' and as per L.R. Record the said Plot now Plot No.166 is recorded as 'Pukur'.
5. The Joint Field Inspection Report has also been filed with the affidavit of the Bidhannagar Municipal Corporation which reads as under :-
"To The B.L & L.R.O (In the rank of Asst Director) Rajarhat North 24 parganas 17 Sub: - Joint Field Verification Regarding illegal pond filling in L.R. Plot No.166 of Mouza - Mahisbathan, J.L No.18 Sir, As per the above mentioned case a joint field level inspection has been conducted on 07/03/2024 by a team that included -
4) Sri Anindya Das Gupta, Environmental Engineer, Salt Lake Regional Office, WBPCB, Mob. No 9748434946
5) Sri Santu Mukherjee, Revenue Inspector, under Rajarhat BL&LRO
6) Sri Anjan Chaudhury, Surveyor, BMC, Mob. No. - 9432845170 During the site visit it is found that though the suit L.R. plot 166 is recorded as Pukur, at present there is no Pukur at the concerned plot. Total area of the alleged plot is 26 Dec. and maximum portion of it is found as vacant danga land (approximately 22 Dec.) and some garbage and excavated earth is seen scattered here and there.
In the remaining 4 Dec. there exists a club named Dr. Bidhan Roy Smriti Sangha (at the northern side), a tin shed Garage and a shop (at the north-west side).
After document verification it is found that as per C.S Record (then it was Plot No 221) the said plot is recorded as 'Shali' ; at the stage of R.S record (then it was Plot No 166) it is recorded as 'Doba' and as per L.R Record (now Plot No 166) the recorded classification of the said plot is 'Pukur'. The enquiry report including few images of the said plot, copy of C.S Record, R.S Record and L.R Record is being forwarded herewith for this case for your kind information.
Environmental Engineer Revenue Inspector Surveyor
Salt Lake R O Office of the BL & LRO BMC"
WBPCB Rajarhat
6. The District Magistrate and Collector, North 24 Parganas has filed affidavit dated 19.07.2024 and it is stated that the B.L.&.L.R.O. vide its letter dated 02.02.2024 has forwarded an Enquiry Report which entails that :-
f) "That the R.S./L.R. Plot no. 166, under Mouza - Mahisbathan of the said Block, though recorded as pukur, but physically there exists no water body presently.
g) That out of the total 26 decimal of the said plot, a tin shed garage and a club named 'Dr. Bidhan Roy Smriti Sangha' approximately measuring an area of 3 decimals was seen to have existed during enquiry.
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h) That, throughout the rest 23 decimal of the said plot, concrete building materials were seen to have scattered around.
i) That the concerned plot is being used as 'Vacant danga land' presently.
j) That few images of the physical condition of the concerned, as was found during enquiry, has been attached with the enquiry report."
7. It is also stated that the B.L.&L.R.O., Rajarhat has further informed that a notice U/S 4C(5) of the West Bengal Land Reforms Act, 1955 has been issued to the recorded owners of the Plot in question vide Notice dated 09.01.2024. Along with his Report, the B.L.&L.R.O. has also attached a letter dated 29.01.2024 purportedly submitted before him by Aloke Mondal, Ashish Mondal, Samar Mondal and Shyamal Mondal respectively and it is stated that on verification of the concerned plot, these persons appeared to be recorded Raiyats of the concerned plot therein L.R. Khatian No.635, 636, 634 and 633 respectively. In their letter dated 29.01.2024, the stand of the aforesaid persons is that :
d) physical character of the land is 'Solid low land'.
e) They have donated some part of the land to the Club namely Dr. Bidhan Roy Smriti Sangha.
f) Rest of the vacant land is being used to organize festivals and other occasions and for such purpose, building raw materials are generally laid on the vacant land almost throughout the year. Copy of the letter is at page 53 of the paper book and it further mentions that now all the materials and soil has been removed from the said land.
8. The District Magistrate, North 24 Parganas in his affidavit has also stated that since the documents on record show that since as per physical classification, the land in question has ceased to be a 19 waterbody, the question would arise as to when it came to be used as vacant land. Provisions of Rule 166 of the West Bengal Land Reforms Manual 1991 have been referred to and it is stated that in terms of Section 4(4) of the West Bengal Land Reforms Act, 1955 if it is established that the change of characteristic of the land was deliberately made 'without reasonable cause' after 24.03.1986, the land may be vested U/S 4(4) in the State and penal action may be taken U/S 4D of the Act.
9. A further affidavit has been filed by the District Magistrate, North 24 Parganas dated 07.01.2025 reiterating the contents of its earlier affidavit and in addition, it is stated that at the time of enquiry, the recorded Raiyats submitted two Deeds being No.2004 of 1941 and 1047 of 1941 to prove that C.S. Plot No.221 had been mentioned as 'Shali' and not as 'Doba' or 'Pukur'.
10. It is stated that on scrutiny of Revisional Settlement Record of Rights being R.S. Khatian No.193, it appears that the classification of R.S. Plot No.166 which originated from C.S. Plot No.221, was changed into 'Doba' striking out 'Shali' and as such it is evident that the subject plot was existing as a waterbody during the Revisional Settlement operation which was continuing during 1957.
11. The West Bengal Pollution Control Board has filed its affidavit dated 21.06.024 and the stand of the Board is that as per document verification, as per C.S. Record, the land in question, was earlier Plot No.221 recorded as 'Shali' and at the stage of R.S. Record, it was Plot No.166 recorded as 'Doba' and as per L.R. Record, (now Plot No.166) it is recorded as 'Pukur' measuring 26 decimal and maximum portion of the land is found to be vacant 'Danga' land and some garbage and excavated earth is seen 20 scattered here and there and on the remaining 4 decimal of the land, there exists a Club named "Dr. Bidhan Roy Smrity Sangha"
(on the Northern side), a tin shed garage and a shop on the North West side. It is stated that during site visit, there was no 'Pukur' on the same plot.
12. The Joint Field Inspection Report has also been filed with the affidavit of the Bidhannagar Municipal Corporation which has already been extracted hereinabove.
13. The Respondent No.6 to 9 have filed affidavit dated 23.07.2024 and their stand is that they are joint recorded owners of land measuring 26 decimal (equivalent to 15 cottahs - 12 chittacks - 5 sq.ft.) situated at J.L. No.18, Mouza - Mahisbathan, comprised in C.S. Dag No.221 corresponding to R.S. and L.R. Dag No.166 under C.S. Khatian No.1936 corresponding to R.S. Khatian No.210 and L.R. Khatian No.633, 634, 635 and 636, Police Station - Electronics Complex, District - North 24 Parganas.
14. The case of the Respondent Nos.6 to 9 further is that ownership of the land in question originally vested in one Smt. Bijan Bashini Mondal, wife of Balaram Mondal (both since deceased), through whom the property has devolved upon the Respondent Nos.6, 7, 8 and 9 being present recorded owners and it is stated that the said Bijan Bashini Mondal had purchased the land as 'Shali' by classification by virtue of 2 separate Indentures executed in the year 1941 from the then C.S. recorded owners namely Santosh Kumar Mondal, Biswanath Mondal and Bipracharan Mondal.
15. It is stated that in the 'Tapashil' (Schedule) of both the deeds of 1941, the land transferred under C.S. Dag No.221 is clearly mentioned and described as 'Shali' by classification and also in the 21 C.S. Porcha of the C.S. recorded owners so abovenamed under C.S. Khatian No.193, the entire C.S. Dag No.221 (corresponding to R.S. & L. R. Dag No.166) was clearly classified as 'Shali'. It is therefore stated that the land was 'Shali' from the very beginning i.e. since the framing of the oldest Record of Rights of land in West Bengal framed at the time of C.S. Zarip also known as 'Cadastral Settlement Zarip'.
16. It is stated that at the time of framing of the Revisional Settlement Record of Rights (RoR) in the name of Bijan Bashini Mondal under R. S. Khatian No.210, the concerned B.L.&L.R.O. had inspected the said plot in question and probably upon finding rain water in the low vacant land, he altered the land classification from 'Shali' to 'Doba' erroneously. The receipt of notice dated 09.01.2024 from the B.L.&L.R.O., Rajarhat U/S 4C(5) of West Bengal Land Reforms Act, 1955 has not been disputed and it is stated that the Respondent Nos.6 to 9 had also replied to the said notice on 18.01.2024. The stand taken by the Respondent Nos.6 to 9 also is that it is only when they received notice dated 09.01.2024 from the Block Land and Land Reforms Officer that they came to know for the first time that the classification of the land had been changed from 'Shali' to 'Doba' and thereafter 'Pukur' in the R.S. and L.R. Record of Rights and therefore, the Respondent Nos.6 to 9 submitted a further reply dated 24.02.2024 against the notice dated 09.01.2024 to the B.L.&L.R.O., Rajarhat.
17. It is stated that the Respondent Nos.6 to 9 have also taken steps by filing an application U/S 50(1)(f) of the West Bengal Land Reforms Act 1955 before the Block Land and Land Reforms Officer, Rajarhat 22 on 05.02.2024 and the same is still pending adjudication before the said authority.
18. It is also stated that the Respondent Nos.6 to 9 were called for hearing before the Bidhannagar Municipal Corporation vide its letter dated 22.03.2024 and they had also appeared before the Corporation on 28.03.2024 and submitted their stand.
19. In a further affidavit dated 27.02.2024, the Respondent No.6 to 9 have reiterated the stand taken by them in their previous affidavit.
20. The stand of Bidhannagar Municipal Corporation, the District Magistrate, North 24 Parganas and the West Bengal Pollution Control Board is that the land in question which was recorded as C.S. Plot No.221 lateron R.S. and L.R. Plot No.166 was originally recorded as 'Shali', lateron reclassified as 'Doba' and thereafter it is recorded as 'Pukur' during Revisional Settlement. The stand of the Respondent Nos.6 to 9 is that the land in question devolved upon them through two deeds of 1941 as per Tapashil (Schedule) 1941 and at that time the land was classified as 'Shali' and the said Respondents had no knowledge as to when the classification of the land was changed from 'Shali' to 'Doba' and thereafter to 'Pukur' until they received the notice of the Block Land and Land Reforms Officer, Rajarhat dated 09.01.2024 to which they have submitted their reply and they have also participated in the hearing before the Bidhannagar Municipal Corporation in pursuance of the notice issued by the Bidhannagar Municipal Corporation. The said Respondents have also stated that they have submitted an application U/S 50(1)f of the West Bengal Land Reforms Act 1955 on 05.02.2024 which is still pending adjudication. 23
21. The categorical stand of the State Respondents is that the land was reclassified during Revisional Settlement proceedings as far back as 1957 and the stand of the Bidhannagar Municipal Corporation is that when they found that the land was converted into vacant land and had been filled up with building material and garbage, they have lodged First Information Report (FIR) against the persons in whose name the land has been recorded.
22. The question as to whether the classification of the plot is 'Shali' or 'Doba' and/or 'Pukur', has to be decided.
23. We have no jurisdiction to examine questions relating to the application of Rule 166 of the West Bengal Land Reforms Manual 1991 or application of Section 4(4) or Section 50(1)(f) of the West Bengal Land Reforms Act 1955 and according to the Respondent Nos.6 to 9 those proceedings are pending before the Revenue Authorities. As the decision regarding classification of land under consideration is out of the purview of National Green Tribunal Act 2010, we consciously refrain from making any observation regarding the merit of the case as well as procedures adopted under West Bengal Land Reforms Act 1955.
24. Likewise we have no jurisdiction to examine the merits or legitimacy of the First Information Report (FIR) having been lodged by the Bidhannagar Municipal Corporation against the recorded holders of the land in question, but if the land in question is 'Pukur' or 'Doba' and is recorded as such for the last seventy years in the Revenue Records, the same must be restored and protected as such. The Respondent Nos.6 to 9 have also not substantiated their ignorance about change of land class, though the land rent is 24 dependent upon location and type and hence they should also know it.
25. If in such proceedings as referred in Para 23 above it transpires that the land is 'Doba' and 'Pukur' and classification of the land as such was within the knowledge of the Respondent Nos.6 to 9 at the time of the Revisional Settlement Record of Rights, 1957, it shall be the duty of the District Magistrate, North 24 Parganas to ensure that the land in question is restored and protected as 'Pukur' and the Respondent Nos.6 to 9 shall be responsible for its restoration and payment of Environmental Compensation for damage caused for destroying the nature of the land.
26. The present Original Application is disposed of with the aforesaid directions.
27. I.As, if any, stand disposed of accordingly.
28. There shall be no orders as to costs.
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B. Amit Sthalekar, JM Sd/-
............................................. Dr. Arun Kumar Verma, EM July 30, 2025, Original Application No.12/2024/EZ SKB 25