The Pradhan of a Gram Panchayat does not have the authority to sanction or reject a building plan; it is the Gram Panchayat as a body corporate that has the power to do so.

Pratap Kumar Ray, J.

Assailing the order dated 26th July, 2012 passed by the learned trial Judge in W.P. 8768(W) of 2011, this appeal has been preferred.

2. A very short question is involved about interpretation of sub-rule (3) of Rule 27 of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004. Learned trial Judge dismissed the writ application on the ground that the Pradhan of the concerned Gram Panchayat refused to sanction the building plan. In view of the very tenor of the judgment under appeal, we are of the view that the appeal can be taken up for final hearing along with the application for stay.

3. Service of notice of appeal and all other formalities stand dispensed with.

4. The issue cropped up in respect of sanction of a building plan. Admittedly the writ petitioner-appellant filed an application for sanction of a building plan under Section 23 of the West Bengal Panchayat Act, 1973 read with sub-rule 1 of Rule 27 of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004 (hereinafter for brevity referred to as ‘the said Act’ and ‘the said Rules’ respectively). An enquiry was made with reference to the application praying for sanction of a building plan. It is the case of the appellant-petitioner that no communication was made refusing sanction of building plan. Learned trial Judge called for a report from Pradhan of the concerned Gram Panchayat. He filed a report contending inter alia, that application was enquired into by the competent officer who found many defects which were endorsed in the back of the report. To cure defect the writ petitioner-appellant was asked to appear but he did not.

5. Be that as it may, learned counsel for the respondent-Pradhan submits that under Rule 27 sub-rule (3) the issue was decided and as the applicant of the building plan did not submit modified proposal in terms of the said rule, no relief could be granted.

6. It is further submitted that the decision of refusal was communicated and in this connection reliance has been made to page ‘14’ of the stay application.

7. Section 23 of the said Act mandates that without previous permission in writing by the Gram Panchayat no person should be allowed to erect any new structure or new building. Hence under Section 23 of the said Act Pradhan is not the Authority to sanction building plan and to reject any application seeking sanction of building plan, but it is Gram Panchayat a body corporate, by majority decision is required to do that.

8. In the instant case admittedly Gram Panchayat did not communicate any decision. But Pradhan of the concerned Gram Panchayat asked the appellant to attend Panchayat office. Under the statutory provision of said Act, Pradhan has no action to play so far as sanction of building plan is concerned. As such the action of the Pradhan itself even refusing to sanction building plan on certain grounds communication of which disputed, in the eye of law cannot be a valid order passed by Gram Panchayat.

9. Under Rule 27 of the said Rules detail procedural steps prescribed on the point how the application to be dealt with. Therein under sub-rule (2) Gram Panchayat is the authority to sanction building plan and when Gram Panchayat refuses permission under sub-rule (1) of Rule 27, sub-rule (3) will come into play. Rule 27 of the said Rules reads as under:

“27. Manner of processing of an application :-(1) On presentation of an application under sub-rule (1) of rule 17, the Pradhan or the Upa-Pradhan or any other member authorized by the Gram Panchayat in this behalf, shall examine the right, title and interest of the applicant in respect of the land on which the structure or the building is proposed to be erected along with the building plan and the site plan, and after such enquiry as may be considered necessary, shall within a period of thirty days from the date of receipt of the application, place it before the Gram Panchayat for granting or, as the case may be, refusing permissi