Calcutta High Court (Appellete Side)
Julfiqur Mondal & Ors vs Shanti Ganatantra Sanghati ... on 11 August, 2023
11.08.2023
Item No.2
Ct. No.1
PG/AB
R.V.W. 121 of 2023
With
I.A. No. CAN 1 of 2023
With
I.A. No. CAN 2 of 2023
Julfiqur Mondal & Ors.
Vs.
Shanti Ganatantra Sanghati Mancha & Ors.
Mr. Kallol Basu
Mr. Nilanjan Pal
Mr. Samik Sarkar.............for the review petitioners
Mr. Biswabrata Basu Mallick, Ld. AGP
Mr. Biman halder
......for the State
Mr. Shamim Ahammed
Ms. Gulsamwara Pervin
.....for the respondent nos. 1 & 2
1. This review application has been filed to review
the judgment and order dated 24 th April, 2023 in
W.P.A. (P) 243 of 2022. It is submitted that the
review applicant was not a party to the writ
petition and behind his back a direction has been
issued pursuant to which the Sub-Divisional
Officer, Bashirhat, North 24-Parganas has issued
notice of eviction dated 26th May, 2023.
Therefore, the applicant has filed the present
application to review the judgment and order
dated 24th April, 2023.
2. As rightly pointed out by the learned Government
counsel that the land in question has been
classified as a 'pond' in the revenue records. As
long as the said classification has not been
altered , no person has got any vested right to
claim that they are entitled to construct a
building in a land classified as 'pond'.
3. The learned advocate appearing for the review
applicant would vehemently contend that the
applicant had purchased the land and the
applicant is economically in a poor condition and
there are provisions under the various laws
enacted by the State of West Bengal, which
provides for conversion of land, which has been
classified as a water body into a bastu land or a
homestead land. In any event, such a request
was neither made by the applicant nor his vendor
or any predecessor.
4. In any event, such a power, even though if it
exists under the statute, the State while
exercising that power should bear in mind that
the State is a trustee of such water bodies and
waterways and ponds and any arbitrary exercise
of the power for conversion of the land would be
against public interest and would amount to
breach of the public trust reposed on the State,
which is bound to protect such assets for not
only the present but also for the posterity.
5. Thus, the review applicant has not made out any
ground to review the judgment and order dated
24th April, 2023 in W.P.A. (P) 243 of 2022.
Accordingly, the review application along with all
other connected applications are dismissed.
6. The applicants are granted 15 days time from the
date of receipt of server copy of this order to
comply with the demand made in the notice
dated 26th May, 2023 issued by the Sub-
Divisional Officer, Bashirhat, North 24-Parganas.
7. No costs.
8. Urgent photostat certified copy of this order, if
applied for, be furnished to the parties
expeditiously upon compliance of all legal
formalities.
(T. S. SIVAGNANAM)
CHIEF JUSTICE
(HIRANMAY BHATTACHARYYA, J.)
