Allowed

Sarafat Molla v. State of West Bengal and Ors.

Calcutta HC8 Dec 2021WPA/15318/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged alleged unauthorised construction on a plot of land. The Court directed the competent Panchayat authority to inspect the premises, conduct a hearing with all stakeholders, and pass a reasoned order limited to the question of unauthorised construction, explicitly refusing to adjudicate on title or possession. The authorities were given four months to

What did the court decide?

Direction to the competent authority to inspect the premises, examine rival claims, conduct a hearing, and pass a reasoned order regarding unauthorised construction within four months.

Sarafat Molla Vs State of West Bengal and Ors. — Land Acquisition | Calcutta HC (2021)

¶1

Sl.no.30 8.12..2021. Court. No. 19

WPA 15318 of 2021

Sarafat Molla

Vs.

The State of West Bengal & Ors. (Through Video Conference)

¶7

Mr. Sudhangshu Nath … for the Petitioner

¶8

Despite service, none appears either on behalf of the panchayat authorities or on behalf of the respondent nos. 7 to 10. Let the affidavit of service be taken on record.

¶9

The petitioner is aggrieved by alleged unauthorised construction on plot no.39,Khantian no. 616, J.L. No.47, Mouza Uttar Narkelberia, Police Station Kashipur, District South 24 Parganas.

¶10

The petitioner claims to be the recorded owner of the plot over which the alleged unauthorised construction is being carried on.

¶11

Without going into the merits of the claims and counterclaims of the parties, this writ petition is disposed of with a direction upon the competent authority of the Bhagbanpur Gram Panchayat to dispose of the demand of justice made by the petitioner through his learned advocate dated September 14, 2021, in accordance with law. While disposing of the said complaint, the authorities shall

¶12

¶13

cause an inspection of the premises in question in presence of the parties and other stake holder, if any, who may have a rival claim on the plot in question. The report shall be prepared and handed over to the parties. The parties shall be allowed to file their written version in support of their respective contentions and also adduce oral and documentary evidence before the authority. A hearing shall be given and a reasoned order shall be passed and communicated to all.

¶14

Needless to mention that the proceeding initiated shall be reached to its logical conclusion in terms of Section 23 of the West Bengal Panchayat Act, 1973.

¶15

This Court has not gone into question of title, possession and/or encroachment as alleged. Neither this Court nor the panchayat authorities have any jurisdiction to decide the said issues. The proceeding, as directed, shall be restricted to the question of unauthorised construction, that is, whether any construction has been raised in the absence of a sanction plan or in deviation of the plan.

¶16

The entire exercise shall be completed within a period of four months from the date of communication of this order.

¶17

The writ petition is disposed of.

¶18

There will be, however, no order as to costs.

¶19

Parties are directed to act on the basis of the server copy of this order.

¶20

(Shampa Sarkar, J.)

Sarafat Molla v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Sarafat Molla v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manas Chatterjee Vs the State of West Bengal and Ors.

Basanti Mondal Vs State of West Bengal and Ors.

Jihora Molla Vs State of West Bengal and Ors.

Saroj Panre and Ors. Vs State of West Bengal and Ors.

Mosa Sakila Bibi Vs State of West Bengal and Ors.

Nathuram Garg and Co. and Ors. Vs the Kolkata Municipal Corporation and Ors.