Calcutta High Court (Appellete Side)
Tapan Kumar Som vs Naru Gopal Mukherjee & Anr on 21 May, 2024
Author: Amrita Sinha
Bench: Amrita Sinha
21.05.2024.
PB Sl. No.15.
Ct. No.24.
CPAN 1678 of 2023 in WPA 11320 of 2023 Tapan Kumar Som Vs Naru Gopal Mukherjee & Anr.
Mr. Achinta Kr. Banerjee, Mr. Ananta Shaw, Mr. Moinak Ganguly, Mr. Soumen Chatterjee, Ms. S. Ganguly, Ms. S. Das, Mr. Tarun Kr. Chatterjee.
......for the petitioner.
Mr. Arindam Das, Ms. Sudipa Mandi.
.......for the Municipality. Learned advocate representing the municipality submits, upon instruction that, the order passed by the Court cannot be complied with as the petitioner did not forward all the documents to the municipality.
The aforesaid submission is disputed by the learned advocate representing the petitioner. Attention of the Court has been drawn to pages 54 and 55 of the contempt application. At page 33 there is a permission for change of use, character of land under Section 4(C) of the West Bengal Land Reforms Act, 1955 on 7th July, 2021 issued by the Collector and Additional District Magistrate and District Land & Land Reforms 2 Officer, Murshidabad permitting the petitioner to convert LR Plot No.573 from Pukur to Viti, subject to creation of compensatory water body from LR Plot No.64/1013 from Aush to Pukur.
The petitioner, after creation of the compensatory water body, intimated the same to the Additional District Magistrate and the District Land & Land Reforms Officer on 16th November, 2021.
The municipality is directed to immediately cause a spot inspection upon prior notice to the petitioner to ascertain as to whether the compensatory water body as directed in the permission for conversion has been made or not.
In the event it is found that the compensatory water body has been made and the condition for giving the permission for changing the classification of the land in question has been complied with, then the municipality shall immediately open the padlock of LR Plot No.573.
The concerned Block Land & Land Reforms Officer is directed to render all necessary co-operation with the men and agents of the municipality at the time of causing the spot inspection.
The municipality shall take steps at the earliest but, positively by 21st June, 2024. 3
The aforesaid order is being passed subject to the order of the Hon'ble Division Bench passed on 16th January, 2024 in MAT No.2143 of 2023 with IA CAN 1 of 2023 (Pankaj Kumar Majumder & Ors. Vs. Tapan Kumar Som & Ors.) with MAT No.2408 of 2023 with IA CAN 1 of 2023 (The Board of Councilors of Berhampore Municipality & Anr. Vs. The State of West Bengal & Ors.).
List this matter on 27th June, 2024 for further update.
Parties shall act on a server copy of this order duly downloaded from the official website of this Court.
(Amrita Sinha, J.)