Disposed¶21

Farhad Hossain v. State of West Bengal and Ors.

Calcutta HC18 Aug 2025FMA/740/2025

Case brief

AI extract

What is this about?

West Bengal Panchayat Act 1973 Section 23 sixth proviso sanction exemption tin shed tile shed thatched structure without brick wall 18 square meters 3/4th total area of land; Debra Gram Panchayat Prodhan demolition directive two months; tin structure tarpaulin sheet no sanction order; F.M.A. 740 of 2025 CAN 1 of 2025 Farhad Hossain v. State of West Bengal; Rajasekhar Mantha J.; Ajay Kumar Gupta J.; decided 18.08.2025; appeal disposed, no costs.

What did the court decide?

Prodhan of Debra Gram Panchayat directed to demolish the construction of the petitioner to the extent it exceeds 18 square meters or 3/4th of the area of land, compliance within two months from communication of a copy of the order; connected application CAN 1 of 2025 also disposed; no order as to costs. ¶21

Farhad Hossain Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the tin structure covered with tarpaulin sheet erected by the private respondents required a sanction under the West Bengal Panchayat Act, 1973, given the exemption in the sixth proviso of Section 23. +1 more

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Court's answer

Under the sixth proviso of Section 23 of the West Bengal Panchayat Act, 1973, no sanction is required for erection of a new thatched structure, tin shed or tile shed without brick wall, provided it does not exceed 18 square meters and the shed does not cover more than 3/4th of the total area of the land.

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Ratio / Principle

The Prodhan of Debra Gram Panchayat shall demolish the construction of the petitioner to the extent that it causes 18 square meters or is in excess of 3/4th of the area of land.

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Key takeaways

The demolition directive shall be complied with by the Prodhan of Debra Gram Panchayat within two months from the date of communication of a copy of the order.ratio¶19

Detailed headnote1 paragraphs

F.M.A. No. 740 of 2025 (with I.A. No. CAN 1 of 2025), decided 18.08.2025 by a two-member Bench comprising Rajasekhar Mantha, J. and Ajay Kumar Gupta, J. Counsel for the appellant produced a letter of Debra Gram Panchayat recording that the private respondents had obtained no sanction order for any construction on their properties; the construction was admittedly a tin structure covered with tarpaulin sheet. Relying on the sixth proviso of Section 23 of the West Bengal Panchayat Act, 1973 — which exempts from sanction new thatched structures, tin sheds or tile sheds without brick wall not exceeding 18 square meters and covering not more than 3/4th of the total land area — the Court directed the Prodhan of Debra Gram Panchayat to demolish the construction of the petitioner to the extent it caused 18 square meters or exceeded 3/4th of the area of land, compliance within two months of communication of the order. The appeal and the connected application were disposed of; no order as to costs; parties to act on a server copy downloaded from the official website of the Court.

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18.08.2025. Item No. 55. Court No. 13 ap

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F.M.A. No. 740 of 2025 With I.A. No. CAN 1 of 2025

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Farhad Hossain Versus The State of West Bengal & Ors.

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Mr. Sudipta Dasgupta, Mr. Arka Nandi, Mr. Ritwik Basu.

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…For the appellant.

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Mr. Aswini Kumar Bera, Mr. Balailal Sahoo,

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Mr. Arijit Bera.

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…For the respondent nos.12 to 16.

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Mr. Amit Meheria,

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Ms. Paramita Banerjee, Mr. Tamoghna Chattopadhyay.

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…For the respondent no.11.

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Mr. Supratim Dhar, Mr. Santimoy Bhattacharyya. …For the respondent nos.6 & 7.

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Learned Counsel appearing on behalf of the appellant has placed a letter issued by Debra Gram Panchayat stating that the private respondents have not obtained any sanction order for any construction on their properties.

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Admittedly, the construction effected by the private respondents is a tin structure covered with tarpaulin sheet.

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The sixth proviso of Section 23 of the West Bengal Panchayat Act, 1973 prescribes that no sanction is required for erection of new thatched structure, tin shed or tile shed without brick wall provided it does not exceed 18 square meters and the

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shed does not cover more than 3/4^th of the total area of the land.

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In view of the above, Prodhan of Debra Gram Panchayat shall demolish the construction of the petitioner to the extent that it causes 18 square meters or is in excess of 3/4^th of the area of land.

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The aforesaid order shall be complied with by the Prodhan of Debra Gram Panchayat within a period of two months from the date of communication of a copy of this order.

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Communication of Debra Gram Panchayat dated 30^th June, 2025 filed in Court today is kept with the record.

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With the aforesaid observations, F.M.A. 740 of 2025 shall stand disposed of.

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In view of disposal of the appeal itself, the connected application being CAN 1 of 2025 shall also stand disposed of.

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There will be no order as to costs.

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All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

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( Rajasekhar Mantha, J. )

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( Ajay Kumar Gupta, J. )

Farhad Hossain v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Farhad Hossain v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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