Gd/Ssd vs The State Of West Bengal And Ors
2023 Latest Caselaw 981 Cal

27   06.02.2023
                                  WPA(P)/29/2023
                              BIMAN BHATTACHARJEE
     gd/ssd                             VS
                        THE STATE OF WEST BENGAL AND ORS.


                        Mr. Byomkesh Mondal,
                        Mr. Tamal Banerjee,
                        Mr. Mirza Kamruddin
                               ..for the Petitioner.

                        Mr. Jahar Lal De,
                        Mr. Shamim-ul-Bari
                               ..for the State.

                        Mr. Mir Anuruzzaman
                               ..for Rajpur Sonarpur Municipality.

                        Mr. Devajyoti Barman,
                        Ms. Sanjukta Basu Mallick
                              ..for the Respondent No.11.

Affidavit of service filed by the petitioner is taken

on record.

Submission of learned counsel for the petitioner

is that there is a water body on the land described in

paragraph 2 of the petition and out of the total area 44

decimal of that water body private respondent no.11

has raised construction on 1/3rd portion of the water

body without conversion which is not permissible. In

support of his submission he has placed reliance upon

the Division Bench judgment in the matter of Kamal

Kumar Basu & Ors. v. State of West Bengal & Ors.

reported in 1997 (2) CLJ 160.

Learned counsel for the State as also the

Municipality are directed to file the report in the form of

affidavit within four weeks.

It will also be open to counsel for the private

respondent to file affidavit-in-opposition within the

same period.

Thereafter affidavit-in-reply/exception to the

report, if any, be filed within three weeks.

List on 3rd of April, 2023.

(Prakash Shrivastava, C.J.)

(Rajarshi Bharadwaj, J.)

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