Somser Layek & Anr vs The State Of West Bengal & Ors on 17 January, 2017
Learned senior advocate appearing for the
petitioners refers to an order of the Court dated May 16,
2016 passed in WP No.8363(W) of 2016 (Shyamal Kumar
Dutta & Anr. v. District Magistrate, Burdwan & Ors.)
wherein the respondent no.5 was directed to conduct
inquiries in presence of the representatives of the
petitioners and the private respondents and take a
decision in accordance with law with regard to filling up of
the pond. He submits that the respondent no.5 had
conducted the inquiry. However, the impugned order does
not disclose the reasons on the basis of which the
respondent no.5 has formed the opinion that the land was
2
a pond and that it is required to be restored to its original
position.