Calcutta High Court (Appellete Side)
Debarshi Chakraborty vs Dr. Manoj Panth on 21 January, 2022
21.01.2022
Item No.21.
Court No.6.
AB
Through Video Conference
C.P.A.N. 346 of 2020
Arising out of
W. P. 10804 (W) of 2013
With
I A CAN 1 of 2020
(Old CAN 3436 of 2020)
Debarshi Chakraborty
Vs
Dr. Manoj Panth, IAS
Mr. Milan Kr. Bhattacharya, Sr. Adv,
Ms. Sulagna Bhattacharya ....for the Petitioner.
This contempt application has been taken out
alleging wilful violation of a judgment and order dated
August 9, 2019, whereby W.P. No.10804(W) of 2013
was disposed of. The operative portion of the said
order reads as follows:
"In the aforesaid format of facts, we also notice
that the so-called builders and real estate promoters,
who have been impleaded, have not responded to
the notices issued by this Court. Therefore, to
conserve the property of the State, as may be found
to be involved out of 1.36 acres, referred to in
paragraph 5(b) of the aforequoted portion of the
affidavit of the Special Secretary, it is directed that
the Principal Secretary, Land & Land Reforms
Department to the Government of West Bengal, who
is also stated to be the Land Revenue Commissioner,
will take due action in accordance with law to
consider all aspects relating to the entire extent of
2.71 acres and ensure that there is clear
demarcation between the vested land of 1.36 acres
and rayati land of 1.35 acres. Thereupon, the
extent, which has been granted under lawful
authority of the Government to different persons out
of 1.36 acres of vested land, shall also be
ascertained. After demarcating the boundary
between the vested portion and rayati portion, the
vested portion will be subjected to such further
enquiry as is deemed necessary including
demarcation of the lands which have been given on
lease by the Government.
On conclusion of such enquiry with requisite
notice to all persons eligible to receive such notice,
the Principal Secretary of the Land & Land Reforms
Department, who is also the Land Revenue
Commissioner, will ensure that due process of law is
invoked and requisite statutory proceedings are
initiated to remove the persons who are in unlawful
occupation, illegal possession or squatting over the
land. Any unauthorized construction and the
construction over land which are not those over
which construction could be made, shall be
ultimately ensured to be pulled down and the land
cleared thereof. The land vested in the Government
should remain in the government under its complete
control and physical possession to be dealt with by
the Government, as may be enjoined by the laws.
Let such exercise be carried out by the
Principal Secretary, Land & Land Reforms
Department/Land Revenue Commissioner within an
outer limit of six months from the date of receipt of a
copy of this order. We clarify that all issues raised
intra-parties as also those which may arise between
other persons, who may be eligible to participate in
proceedings before the Land Revenue Commissioner,
will be left open and the matter shall be decided by
the Land Revenue Commissioner untrammeled by
anything stated herein."
Mr. Bhattacharya, learned Senior Counsel
appearing for the petitioner says that at least on four
occasions, the order was communicated to the alleged
contemnor. Twice, Officers of the Government visited
the locale in question, but nothing meaningful was
done. Demarcation has not yet been made.
Let service of this contempt petition be effected
on the alleged contemnor and affidavit of service be
filed on the next date.
Let this matter be listed on 28.01.2022.
(Kausik Chanda, J.) (Arijit Banerjee, J.)
