Sabnam Kazi Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

Sabnam Kazi Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: spot inspection by the Block Development Officer, Manteswar upon notice to all concerned, positively by January 22, 2024; remedial steps if construction is found on the petitioner's private land; interim restraint on the Pradhan of the Gram Panchayat from proceeding with the construction until a decision is taken; petitioner's counsel and State counsel directed to communicate the order for compliance.

Issue for consideration

Whether the Panchayat is forcefully raising construction over the private land of the petitioner. +1 more

Court's answer

The Block Development Officer, Manteswar (respondent no. 4) is directed to cause a spot inspection to ascertain whether the petitioner's private land has been used for raising construction of the Panchayat building.

Ratio / Principle

Private land of a party cannot be forcefully occupied and used for raising construction by a statutory authority; if the land is required for a Panchayat building, steps may be taken to acquire it in accordance with law, and the Panchayat cannot raise construction over private land without the authority of law.

Key takeaways

The spot inspection is to be conducted upon notice to the petitioner, the Panchayat authority and all other necessary parties at the earliest but positively by January 22, 2024.ratio¶15
If the inspection establishes that construction has been made over the petitioner's private land, necessary remedial steps shall be taken.ratio¶16
As an interim measure, till a decision is taken in the matter, the Pradhan of the Gram Panchayat is restrained from proceeding with the construction of the building over the private land of the petitioner.

Detailed headnote1 paragraphs

The High Court at Calcutta (W.P.A.520 of 2024, decided 10.01.2024, Amrita Sinha, J.) dealt with a petitioner's complaint that the Gram Panchayat was forcefully raising construction over her private land while her objection before the respondent authorities remained pending. The Court held it to be settled law that the private land of a party cannot be forcefully occupied and used for raising construction by a statutory authority; if the Panchayat needs the land for its building, it may acquire it in accordance with law, but it cannot raise construction over private land without the authority of law. As the objection was pending, the writ petition was disposed of by directing the Block Development Officer, Manteswar (respondent no. 4) to conduct a spot inspection, upon notice to the petitioner, the Panchayat authority and other necessary parties, positively by January 22, 2024, to ascertain whether private land had been used for the Panchayat building; remedial steps were ordered if construction is found on the petitioner's land, and the Pradhan of the Gram Panchayat was restrained from proceeding with the construction over the petitioner's private land until a decision is taken. Counsel for the petitioner and for the State were directed to communicate the order for compliance.

13 10.01.2024 s.h.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side

W.P.A.520 of 2024 Sabnam Kazi

-versus

The State of West Bengal & Ors.

Mr. Mohinoor Rahaman Ms. Iqra Rahaman … for the petitioner.

Mr. Avijit Sarkar Ms. Tanuja Basak … for the State.

The petitioner complains that the Panchayat is forcefully raising construction over the private land of the petitioner. Objection filed before the respondent authorities is pending consideration.

None represents the Panchayat.

Learned advocate representing the State respondents is yet to receive instruction in the matter.

It is settled law that the private land of a party cannot be forcefully occupied and used for raising construction by a statutory authority. If the Panchayat is of the opinion that the land in question will be required for the construction of the Panchayat building, then steps may be taken for acquiring the same in accordance with law. The Panchayat, under any circumstances, cannot raise construction over the private land of the petitioner without the authority of law.

As it appears that the objection filed before the State respondent is pending consideration, accordingly, the instant writ petition is disposed of by directing the

2

Block Development Officer, Manteswar, the respondent no. 4 herein to cause a spot inspection to ascertain as to whether the private land of the petitioner has been used for raising construction of the Panchayat building.

The spot inspection shall be conducted upon notice to the petitioner, the Panchayat authority and all other necessary parties at the earliest but positively by January 22, 2024.

If it appears that the construction is made over the private land of the petitioner, then necessary remedial steps shall be taken. Till a decision is taken in the matter, the Pradhan of the Gram Panchayat is restrained from proceeding with the construction of the building over the private land of the petitioner.

Learned advocate for the petitioner is directed to immediately communicate this order to the Block Development Officer, Manteswar and also to the Pradhan of the Gram Panchayat.

Learned advocate representing the State respondents is also directed to communicate this order to the Block Development Officer for compliance.

The writ petition stands disposed of.

Affidavit-of-service filed in Court today is taken on record.

Urgent certified copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)