Sanuyara Khatun & Ors vs Siraj Haq & Ors
2021 Latest Caselaw 738 Cal

3
Court
         29.1.2021
No. 11
G.S.Da
                                         MAT 845 of 2020
s
                                              With
                                          CAN 1 of 2020


                                 Sanuyara Khatun & Ors.
                                           -Vs-
                                    Siraj Haq & Ors.


                          Mr. Partha Sarathi Bhattacharyya
                          Mr. Saikat Chatterji

                                               ... for the Appellants

                          Mr. Siraj Haq
                                      ... for the Respondents No.1

Mr. R. Chattopadhyay ... for the Proforma Respondent No.7

Party/Parties is/are represented in the order of

their name/names as printed above in the cause title.

Mr. Chatterjee, Learned Counsel, appears in

support of the appeal and the connected application

led by Mr. Bhattacharyya, Learned Senior Counsel.

Under challenge in this appeal is the order of the

Hon'ble Single Bench dated 10 th December, 2020 in

WPA 16005 of 2019.

The issue in the writ petition connects to an

unauthorised construction by the present appellants

on a water body/pukur comprising in Dag No. 717,

Block-Murarai, J.L. No. 106, District-Birbhum.

The operative portion of the order impugned

reads as follows:

"Concerned respondents, in particular the

gram panchayat, will initiate demolition

proceedings in respect of construction at the

plot bearing description pond, being subject-

matter of this writ petition, within two weeks

from date of communication of this order. The

proceeding will be concluded within four weeks

from commencement. On a finding arrived at in

the proceeding regarding unauthorized

construction, there must be demolition

forthwith thereafter. Otherwise the panchayat

will pass a reasoned order as to how the

construction can be permitted to stand, made

known to petitioner within that time."

Mr. Chatterjee submits on the basis of a Memo

dated 25th January, 2021 numbered as 52(4)/DMG

issued by the Pradhan, Dumurgram Gram Panchayat,

P.O.-Bahadurpur, Birbhum/the Respondent No.6 in

the appeal, that the appellants were instructed to

intimate the Respondent No.6 of the steps taken in the

appeal.

Therefore, Mr. Chatterjee expresses the

apprehension that on the failure of receipt of the

intimation, the Respondent No.6 may straightaway

proceed to demolish structures in purported

compliance of the judgment and order of the Hon'ble

Single Bench dated 10th December, 2020 on expiry of

the period as stated in the said notice dated 25 th

January, 2021.

Mr. Haq/the Respondent No.1 in the appeal/the

writ petitioner, submits that there is no basis for the

apprehension expressed by Mr. Chatterjee since the

order dated 10th December, 2020 of the Hon'ble Single

Bench (supra) directed the Gram Panchayat in issue

represented by the Respondent No.6, to initiate and

conclude the demolition proceedings within a period of

four weeks from its commencement or, in the

alternative, to give reasons for not demolishing.

Therefore, it is submitted that only on

completion of the proceedings as directed by the

Hon'ble Single Bench the order of demolition can take

effect. It is also pointed out that the

Respondent/Panchayat has been directed by the

Hon'ble Single Bench to pass a reasoned order in the

event it holds contrary to the contentions of the writ

petitioner.

Mr. Haq further submits that the writ

petitioner/the Respondent No.1 in the appeal has

been called for a survey by the Respondent No.6/the

Pradhan connected to the pond and building in issue

on the 2nd of February, 2021.

Mr. Chattopadhyay, Learned Advocate, appears

for the Private Respondent No.7.

Having heard the parties and considering the

materials placed, this Court is prima facie satisfied

that no construction can be allowed to stand on Dag

no. 717 (supra) which is recorded as pukur.

Accordingly, this Court permits the reasoned

decision of the Panchayat as directed by the judgment

and order of the Hon'ble Single Bench dated 10 th

December, 2020 to be produced before the Court by

the Pradhan/the Respondent No.6 on the 8th of

February, 2021 when the matter will appear next

under the heading "Applications (Fixed)".

For better assistance on the steps taken by the

Respondent No.6, the appellants shall serve notice of

this order along with a copy of the appeal and the

application as well as all other connected documents

to the State-respondents through Mr. Jahar Lal De,

Learned Senior Government Advocate.

Mr. De is at liberty to appoint a junior of his

choice to the brief.

The appointment of both Mr. De and the junior

of his choice to the brief be regularised.

Let a copy of the writ petition be also served on

Mr. Chatterjee by Mr. Haq by the close of working

hours of Court on the 2nd of February, 2021.

Let proof of service as directed above be

produced by the parties on the next date.

Since the Respondent Nos. 8 and 9 are not

parties to the writ petition, their names cannot exist in

the array of respondents in both the Memo of appeal

as well as in the connected application. On the prayer

of Mr. Chatterjee, let the names of the Respondent

Nos. 8 and 9 be struck out from the array of parties in

both the Memo of appeal and the connected

application.

Leave is granted to Learned Advocate for the

appellants to carry out the necessary amendment

within the course of this day.

The appellants shall communicate this order to

the Respondent no.6 and also furnish proof of such

communication on this next date.

Parties to act on a server copy of this order,

duly collected from the official website of the Hon'ble

High Court, Calcutta.

(Hiranmay Bhattacharyya,J.) (Subrata Talukdar,J.)