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 who is an employee of the West Bengal Health Service, tried to forcefully convert the disputed area of pond by filling it up with soil and bricks and started construction.

5. On 17th May, 2021 owing to such illegal construction the petitioner submitted his objection to the S.D.O. of Kalyani, Nadia as well as to the I.C. of Chakdah Police Station requesting the said authorities to stop such act and cancel the unlawful building plan. However, no actions were taken by the concerned authorities in stopping such illegal construction.

6. On 4th September, 2021 the petitioner lodged a complaint to the chairperson of Chakdah Municipality and IC of Chakdah Police Station against the illegal construction carried out by the private respondent No.10 and requested to take step against them. The said authorities passed an order asking the private respondent No.10 to stop the construction entirely until further notice. Despite the order passed by the Executive Officer of Chakdah Municipality, the private respondent flouted the orders and carried out the illegal construction.

7. When all efforts to stop the illegal construction are in vain, the petitioner being a member of “Sabuj Mancha” which is an organization protecting the environment State wide filed the present petition before this Hon’ble Court.

8. Submissions of the Learned counsel appearing for the petitioner are :

I. The act of the respondent authorities in not taking steps for stopping illegal construction made by private respondent No.10 in respect of a land, which has been classified as a pond/Doba as per the government records is illegal. Furthermore, in spite of an order passed by the S.D.O of Kalyani to stop the construction work, the Chakdah Police Station did not take any measure in restraining such illegal construction in the disputed plot.

II. Section 4C (5) of The West Bengal Land Reforms Act, 1955 states-“(5)”

(a) Without prejudice to the foregoing provisions of this section, where any plot of land has been changed or converted or altered in violation of this section, if the Collector, on his own motion or on receiving information, is of the opinion that it is necessary so to do in public interest, he may make an order directing a raiyat or a lessee for restoration of the original character of the concerned land within a specified time.

(b) On receipt of the order, the raiyat or the lessee shall restore the original character of the plot of land at his own cost within such time, as may be ordered by the Collector.

(c) If the raiyat or lessee fails to comply with the order, the Collector may take action for restoring the original character of such plot of land and realise the cost for restoration from the raiyat or the lessee.

(d) If the raiyat or lessee fails to pay the cost of restoration, the Collecto