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High Court of Judicature at Calcutta
D.K. SETH & SOUMITRA PAL
State of West Bengal
Versus
Sanjeevani Projects (P) Ltd.
A.P.O.T. 250,252 of 2005, G.A. 1224, 1227 of 2005, W.P. 352,367 of 2005
Decided On : 16-11-2005
LAND LAWS - Conversion of land - Wetland - Section 4C of the West Bengal Land Reforms Act, 1955 - Applicability - East Kolkata Wetland - Whether the disputed land falls within the wetland area - Whether conversion from Sali land to Water Park was granted to Aquatica on 29th May, 2000 - Whether the notifications under section 4 of the LA Act were issued for proposed acquisition of altogether an area of 33.25 acres out of plot No. 321/615 for the purpose of implementation of Rajarhat New Township Project in Mouza Kochpukur - Whether the proposed acquisition of the major part of the area was withdrawn by notifications dated 7th September, 2004 - Whether only a portion measuring 1.91 Acres out of plot No. 312/615 was acquired by the Government for constructing the road linking the PWD main road on the North of Krishnapur Canal with the Rajarhat Township - Whether the petitioners are not inviting this Hon'ble Court to go into any disputed question of fact, merely praying that the materials produced by the State and the action taken by the State may be taken into consideration for upholding the stand of the petitioners - Whether the State in paragraphs 3(b), 3(c) and 3(d) of its affidavit-in-opposition (Page 188 of me Compilation) has made an attempt to confuse the issue - Whether the petitioners are entitled to move this writ application and have it independently adjudicated by this Hon'ble Court and the Public (supra) cannot stand in the way.
Fact of the Case:
The writ petitions were filed by the respondents challenging the interim orders passed by the learned Single Judge in the respective writ petitions filed by them. The respondents as respective writ petitioners filed two writ petitions being Writ Petition No. 352 of 2005 and Writ Petition No. 367 of 2005. In the Writ Petition No. 352 of 2005, the following prayers were made: “(b) A writ of and/or in the nature of Certiorari do issue calling upon the respondents and/or each one of them to certify and transmit all records pertaining to the conversion of the nature of use of the said premises. Particulars whereof are pleaded in this petition as also those pertaining to the institution of any complaint FIR with Calcutta Leather Complex Police Station and /or any other police station against the petitioners or either of them so that conscionable justice may be rendered by quashing the same upon consideration thereof;” Similar prayers were made in the other writ petition.
Finding of the Court:
The Court held that the land in question is not wetland and the petitioners are entitled to move this writ application and have it independently adjudicated by this Hon'ble Court and the Public (supra) cannot stand in the way.
Issues: 1. Whether the disputed land falls within the wetland area? 2. Whether the State in paragraphs 3(b), 3(c) and 3(d) of its affidavit-in-opposition (Page 188 of me Compilation) has made an attempt to confuse the issue? 3. Whether the petitioners are entitled to move this writ application and have it independently adjudicated by this Hon'ble Court and the Public (supra) cannot stand in the way?
Ratio Decidendi: 1. The Court held that the disputed land is not wetland as it was never transferred from Kochpukur Mouza and the Environment Department and the Director of Land Records and Survey and Joint Land Reforms Commissioner, Government of West Bengal, have clarified that Mouza Kochpukur does not find any reference. 2. The Court held that the State in paragraphs 3(b), 3(c) and 3(d) of its affidavit-in-opposition (Page 188 of me Compilation) has made an attempt to confuse the issue. 3. The Court held that the petitioners are entitled to move this writ application and have it independently adjudicated by this Hon'ble Court and the Public (supra) cannot stand in the way.
Final Decision: The Court allowed the appeals and dismissed the writ petitions.
D.K. SETH, J.
(1.) These two appeals involve identical question of law and fact. Therefore both these matters were taken up and heard simultaneously. The appeals arise out of the interim orders granted by the learned Single Judge in the respective writ petitions filed by the respondent Sanjeevani Projects (P) Ltd. and Green Valley Towers (P) Ltd. respectively.
1. In course of hearing of the application for interim order the respective Counsel for the parties addressed the Court on the merit of the appeal. Therefore, at the suggestions of the parties the appeal was taken up for hearing. At the initial hearing of the appeal the parties had addressed the Court on the merit of the writ petitions as well. Since the Court was invited to decide the matter even on the question involved in the writ petition, therefore, it was deemed fit that the two writ petitions should also be disposed of, and the learned Counsel for the respective parties jointly suggested that the records of the writ petitions be called for and be decided along with the appeals.
1.2. Accordingly, the records of the respective writ petitions were called for. The writ petitions and the appeals were heard on merit. The respective Counsel for the parties had argued their respective cases extensively for a number of days. In the circumstances we propose to dispose of the appeal and the writ petitions together as hereafter. The Writ Petitions : The Prayers : the Interim Orders : The Appeals :
(2.) The respondents as respective writ petitioners filed two writ petitions being Writ Petition No. 352 of 2005 and Writ Petition No. 367 of 2005. In the Writ Petition No. 352 of 2005, the following prayers were made : "(b) A writ of and/or in the nature of Certiorari do issue calling upon the respondents and/or each one of them to certify and transmit all records pertaining to the conversion of the nature of use of the said premises. Particulars whereof are pleaded in this petition as also those pertaining to the institution of any complaint FIR with Calcutta Leather Complex Police Station and /or any other police station against the petitioners or either of them so that conscionable justice may be rendered by quashing the same upon consideration thereof; (c) A writ of and/or in she nature of Mandamus do issue commanding the respondents and/or each one of them- (i) quashing and/or setting aside any criminal complaint and/or FIR that has been lodged against the petitioners or either of them in respect of the properties being the said 16.6252 acres of land lying and situate at R.S.Dag No.321/615 in Mouza Kochpukur, 24-Parganas South, belonging to the proforma respondents, by the respondent No. 3 or any other respondents with Calcutta Leather Complex Police Station and/or any other police station; (ii) to issue sanction letter specifically confirming/directing/recording the conversion of nature of use of the said premises being the said 16.6252 acres of land lying and situate at R. S. Dag No. 321/615 in Mouza Kochpukur, 24-Parganas South so that dwelling units and other construction can be made at the said premises; (iii) to issue appropriate letter slating that the petitioners do not require any other sanction letter for making any construction at the premises; (iv) to forward and furnish a copy of the criminal compliant FIR as lodged by the respondent No. 3 and/or any other respondent(s) in Calcutta Leather Complex Police Station against the petitioners particularly the petitioner No.1 in respect of the said premises, to the petitioners; (d) A writ of and/or in the nature of prohibition do issue restraining the respondents, and/or each one of them-(i) from interfering with/or hampering in any manner whatsoever the construction process at the said premises; (ii) from arresting and/or apprehending the petitioner Nos.2 and 3 in any manner whatsoever; (iii) from confiscating the properties of the petitioner in any manner whatsoever; (iv) from insisting upon production of an
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