Calcutta High Court (Appellete Side)
Kajal Rekha Pal Roy vs The State Of West Bengal & Ors on 5 April, 2023
Author: Shampa Sarkar
Bench: Shampa Sarkar
05.04.2023
Ct.19/sl.40
sn
W.P.A.4130 of 2022
Kajal Rekha Pal Roy
Vs.
The State of West Bengal & Ors.
Mr. Sabyasachi Chatterjee
Mr. Pintu Karar
Mr. S. Laskar
..for the petitioner
Mr. Narayan Chandra Bhattacharyya
Ms. Sajata Ghosh
..for the State
None appears on behalf of the respondent
Nos.7 and 8.
The petitioner alleges unauthorized construction by the respondent Nos.7 and 8 on LR dag no. 870 corresponding to LR khatian no.1725 and 335 of mouza Jhikira. According to the petitioner, the plot is a debutter property dedicated to Damodar Jew Thakur. According to the petitioner, the said respondents allegedly encroached into the land belonging to the deity and raised a construction. The panchayat authorities did not take any steps. The petitioner prays for demolition of the structure.
Subsequently, the petitioner came to know from third parties that the construction was made under the PMAY(G) scheme. A notice was also affixed on the construction, indicating that the construction was under the housing scheme.
2At this stage, it would not be proper for the writ court to pass directions on the panchayat authorities. Whether the construction was under the housing scheme meant for the poor or was a private construction, is required to be ascertained first.
Provision of Section 23 of the West Bengal Panchayat Act, 1973, of obtaining permission for construction is not applicable in cases of constructions under any housing scheme.
The contention of the petitioner in the alternative is that if the construction was under a housing scheme, in that event, the eligibility of the beneficiaries would be determined also on the basis of their right, title and interest on the land over which the construction under the scheme would be made.
Under such circumstances, the petitioner is granted liberty to approach the concerned District Magistrate by filing a composite representation in this regard. If such representation is made, the District Magistrate, Howrah shall cause an enquiry through the Block Development Officer, Amta-2 with regard to the allegation of the petitioner. All the parties, namely, the petitioner and the respondent Nos.7 and 8 shall be present during enquiry.
If it is found that the construction has been made on a plot not covered under the PMAY(G) 3 scheme, or not belonging to the respondent Nos.7 and 8, necessary steps shall be taken in accordance with law.
Before any decision is taken, an inspection shall be held with the help of the Block Land & Land Reforms Officer and the Amin for identification of the land on the basis of mouza map and land records.
The petitioner and the respondent nos.7&8 shall be informed the date of inspection. The report of such inspection shall be prepared and handed over to the parties. The parties will be entitled to respond such report. A hearing shall be given to all the parties. A reasoned order shall be passed and communicated to all.
If the allegation of the petitioner is found to be correct and the construction under the PMAY(G) had been made by the respondent Nos.7 and 8 without having any right, title and interest thereon, necessary steps shall be taken in accordance with law. However, if the authorities find that there are rival claims to the said land, in that event, remedy of the petitioner would be before the civil court. Also, if the construction is found to be a private construction not under any scheme but without any sanction, the matter shall be referred to the Jhikira gram panchayat for necessary steps in accordance with the 4 provisions of Section 23(5) of the West Bengal Panchayat Act, 1973.
The entire exercise shall be completed within a period of three months from the date of receipt of the petitioner's objection.
This writ petition is disposed of.
There will be, however, no order as to costs. All parties are directed to act on the server copy of this order.
(Shampa Sarkar, J.)