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PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Dibakar Chakrabarty – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rajarshi Bharadwaj, J.
1. The instant writ petition has been filed challenging the impugned action of the respondent authorities in allowing an illegal construction led by the private respondent No.10 on a land which is classified as a pond.
2. The facts in a nutshell are that Plot no. 1710 (Old RS Plot no. 301, 757, 758, 806, 807) under Mouza-Uttar Ghoshpara, J.L.No.23, Police Station and Block-Chakdah District-Nadia has been classified as a ‘Doba’ (Pond) in the records of rights since 1956. The said plot is located in an area where the petitioner has discharged with the duties of a Ward Co-ordinator, i.e., Ward No. 8 under the Chakdah Municipality.
3. The said plot which is a pond has been used by the inhabitants for more than fifty years. However, on 22nd March, 2020, a portion of that said pond, i.e., an area of 0.03 decimals was purchased by the private respondent No.10.
4. On getting the sanction plan from the Administrator of Chakdah Municipality being the respondent No.5, the private respondent No.10 tried to convert the said portion of plot to a Residential land/Bastu without getting any order of conversion from the collector of Nadia and the private respondent No.10
Land classification correction from pond to homestead valid if change predates 24.03.1986 cut-off under Rule 166, supported by municipal records and field inspection confirming no waterbody.
Unauthorized construction cannot be challenged without contesting the validity of the sanctioned building plan.
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