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IN THE HIGH COURT AT CALCUTTA
Shampa Sarkar, J.
Joragachi Lohadaha Ferighat Yatri O Nou Paribahan Samabay Samity Limited & Anr. - Appellants
Versus
State Of West Bengal & Ors. - Respondents
WPA No. 26138 of 2022
Decided On : 18-01-2023
FERRY GHAT SETTLEMENT - WEST BENGAL LAND REFORMS MANUAL, 1991 - WEST BENGAL PANCHAYAT ACT, 1973 - PUBLIC AUCTION - CO-OPERATIVE SOCIETY - ECONOMIC RENT - LOCAL BOATMEN/HEREDITARY PATNIS - PREFERENCE - PUBLIC INTEREST - MAXIMIZATION OF REVENUE - CONSTITUTIONAL MANDATE - PART IX OF THE CONSTITUTION OF INDIA - ARTICLE 243-G - ELEVENTH SCHEDULE - ENTRY 13 - TRANSFER OF POWER TO PANCHAYATS - CONTROL AND MANAGEMENT OF FERRIES - PANCHAYAT'S INDEPENDENT CONTROL - PUBLIC AUCTION AS BEST METHOD FOR MAXIMIZATION OF REVENUE - NO OVERRIDING EFFECT OF MANUAL OVER PANCHAYAT ACT - DISMISSAL OF WRIT PETITION.
Fact of the Case:
Petitioner, a Co-operative society registered under West Bengal Co-operative Societies Act, 2006, sought a direction to settle Lohadaha ferry ghat in their favor under the West Bengal Land Reforms Manual, 1991, and a declaration that they were entitled to the settlement without participating in a public auction. The members of the society were local boatmen or hereditary patnis.
Finding of the Court:
1. The West Bengal Land Reforms Manual, 1991, is a procedural handbook or guide for the land and land reforms department, and does not have an overriding effect over the provisions of the West Bengal Panchayat Act, 1973. 2. The control and management of the concerned ferry ghat had been with the panchayat authorities for some time, and they have been vested with powers under Article 243-G of the Constitution of India read with the Eleventh Schedule. 3. The provisions of the West Bengal Panchayat Act, 1973, empower the panchayat authorities to establish, control and manage the ferry ghats, collect tolls and maximize revenue for their best interest. 4. The panchayat authorities are not bound by the provisions of paragraph 281(iii) of the West Bengal Land Reforms Manual, 1991, which deals with concessions to be granted to hereditary patnis. 5. The panchayats have been enabled and empowered to independently manage and control the ferry ghats following the constitutional amendment and inclusion of Part-IX to the Constitution and the amendment of Sections 20 and 21 of the West Bengal Panchayat Act, 1973 by the amending Act of 2006.
Issues: 1. Whether paragraph 281(iii) of the West Bengal Land Reforms Manual, 1991, would have an overriding effect over the provisions of the West Bengal Panchayat Act, 1973. 2. Whether the Lohadaha ferry ghat should be settled in favor of the petitioner without any public auction.
Ratio Decidendi: 1. The West Bengal Land Reforms Manual, 1991, is a procedural handbook or guide for the land and land reforms department, and does not have an overriding effect over the provisions of the West Bengal Panchayat Act, 1973. 2. The control and management of the concerned ferry ghat had been with the panchayat authorities for some time, and they have been vested with powers under Article 243-G of the Constitution of India read with the Eleventh Schedule. 3. The provisions of the West Bengal Panchayat Act, 1973, empower the panchayat authorities to establish, control and manage the ferry ghats, collect tolls and maximize revenue for their best interest. 4. The panchayat authorities are not bound by the provisions of paragraph 281(iii) of the West Bengal Land Reforms Manual, 1991, which deals with concessions to be granted to hereditary patnis. 5. The panchayats have been enabled and empowered to independently manage and control the ferry ghats following the constitutional amendment and inclusion of Part-IX to the Constitution and the amendment of Sections 20 and 21 of the West Bengal Panchayat Act, 1973 by the amending Act of 2006.
Final Decision: The writ petition was dismissed, and the panchayat authorities were directed to proceed with the auction which had been held, and to complete the formalities in accordance with law.
JUDGMENT
Shampa Sarkar, J. - The Petitioner No.1 is a Co-operative society registered under West Bengal Co-operative Societies Act, 2006. The petitioner no. 2 is the secretary of the petitioner No.1. The members of the Co-operative society are local boatmen or hereditary patnis. The petitioner No.1 was registered as a co-operative society sometime in December 2021. The petitioners have inter-alia, prayed for a direction upon the Amlai Gram Panchayat to settle Lohadaha ferry ghat in their favour in terms of sub-paragraph (iii) of paragraph 281 of the West Bengal Land Reforms Manual, 1991 (hereinafter referred to as the 'said Manual'). Declaration that the petitioner No.1 as the sole Boatman's Co-operative society in Bharatpur - I block, was entitled to the settlement of the ferry ghat without participating in any public auction, had also been prayed for.
2. According to Mr. Majumder, learned senior Advocate, the claim of the petitioner was based on paragraph 281(iii) of the said Manual. Learned Advocate contended that the said manual was a special piece of legislation and should be given a precedence over the provisions of The West Bengal Panchayat Act, 1973 (hereinafter referred to as the 'said Act'). An exception to Article 14 of the Constitution of India had been culled out to uplift the conditions of local boatmen/hereditary patnis who were usually members of the Schedule Caste community. Such class was created and a reasonable classification was made as an affirmative action in consonance with the provisions of Article 15(4) of the Constitution of India. The State of West Bengal intended to extend a protective umbrella over the members of the schedule caste community who earned their living as boatmen.
3. It was further stated that the members of the Co-operative society were assisting the existing lease holder in running the ferry ghat since January 1, 2022. By letters dated August 22, 2022 and September 7, 2022, the petitioners made representations for handing over the settlement of the ferry ghat in favour of the co-operative society as per the provision of the said Manual. Such representation, was lastly made on November 9, 2022. Despite such representation, the petitioners were not handed over the operation of the ferry ghat and they received information that the gram panchayat had decided to invite a public auction for the said purpose.
4. The Secretary-in-Charge, Amlai gram panchayat published a notice dated November 12, 2022 proposing to hold the aforesaid meeting. The agenda of the said meeting was to discuss and settle the terms and conditions for the auction of the concerned ferry ghat. Aggrieved by the afore-mentioned action of the panchayat authority, this writ petition was filed.
5. Mr. Majumder drew the attention of the court to Paragraph 281(i) of the said manual and submitted that those ferries which were declared as public ferries under the Bengal Ferries Act, 1885 would be exclusively under the control of District Magistrate subject to the direction of the Commissioner and the administrative control would rest on the Public Works Department (PWD). All other vested or khasmahal ferries including the ferry in the case in hand, would be subject to sub paragraphs (ii) to (viii) of paragraph 281 of the said manual.
6. According to sub-paragraph (ii) of paragraph 281, ferries should be settled by the District Land & Land Reforms Officer by way of public auction to be held at least before three months from the date when the settlement was to take effect. Public auction was to be restricted among co-operative societies or partnership firms as per paragraph 266A of the 'said Manual'.
7. According to Mr. Majumder, sub-paragraph (iii) of paragraph 281 of the 'said Manual' was an exception to the general procedure laid in paragraph 281(ii) by which, preference was to be given for settlement of such ferries to local Boatman's Co-operative Societies or partnership concerns formed by local boatmen and hereditary patnis. In ca
AI
The West Bengal Land Reforms Manual, 1991, is a procedural handbook or guide for the land and land reforms department, and does not have an overriding effect over the provisions of the West Bengal Pa....
The Panchayat Samiti has the authority to manage ferry ghats through e-auction, overriding claims based on the Land and Land Reforms Manual, ensuring transparency and preventing monopolistic practice....
E-Auction process for ferry ghats under the West Bengal Panchayat Act is permissible and necessary for fair revenue distribution and prevention of monopolization by hereditary operators.
Point of Law : Special Officer is empowered to conduct auction to the leasehold rights of the shops of the Gram Panchayat in the interest of it’s revenue in exercise of powers vested under Section 14....
The court emphasized the principles of judicial review of administrative action and the need for transparency and maximization of revenue through open auctions for public property.
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