The main legal point established in the judgment is that construction within the jurisdiction of the Gram Panchayat cannot be made without prior written permission, and any construction made in contravention of the provisions of the Act and rules is illegal. The Panchayat authority has an obligation to control building operations within its jurisdiction.

JUDGMENT :

HIRANMAY BHATTACHARYYA, J.

1. Since identical questions of law and fact are involved in these writ petitions, the same are taken up for analogous hearing and are decided by this order.

2. The order of the Block Development Officer, Matigara-I Development Block dated 19.06.2020 is under challenge in WPA 568 of 2021.

3. The permission for construction granted by the Prodhan, Matigara-I Gram Panchayat on 26.02.2020 in favour of the private respondent no.8 is under challenge in WPA 1725 of 2021 and the petitioner has prayed for cancellation of such permission.

4. A civil suit filed by the petitioner herein praying for declaration of his right, title and interest in respect of the property in question against the private respondent no.8 herein is pending before the Civil Court. Alleging that the private respondent no.8 has encroached upon the PWD road and was making construction thereupon, the petitioner herein filed a writ petition being WPA 278 of 2020 which was disposed of by an order dated February 24, 2020.

5. Pursuant to the said order, the Block Development Officer passed the order dated 19.6.2020 by observing that the construction is on private (raiyat) land owned by Sri Naresh Chandra Barman and not PWD or any Government land.

6. In the meantime, the Prodhan, Matigara-I Gram Panchayat granted permission for construction in favour of the private respondent no.8 on 26.02.2020 for construction of temporary tin shed structure along with a scientific toilet.

7. Mr. Saptansu Basu, learned senior counsel representing the petitioner submits that the Block Development Officer did not arrive at a specific finding as to whether the private respondent no.8 had made illegal construction on the land in question though such authority, by an order dated February 24, 2020 passed in WPA 278 of 2020, was directed to do so. He further submits that the Prodhan of the concerned Gram Panchayat without following the procedures prescribed under the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004 accorded permission for construction in favour of the private respondent no.8.

8. In support of such contention, Mr. Basu placed reliance upon Rules 17, 18 and 19 of the 2004 Rules. He, therefore, submits that the permission for construction granted by Prodhan on 26.02.2020 should be cancelled.

9. Mr. Basu places reliance upon a decision of a Division Bench of this court in the case of Profulla Kumar Ghosh v. State reported in (2013) 2 CHN 171 in support of his contention that the procedures laid down in the 2004 Rules have not been followed.

10. Mr. Mukherjee, learned senior counsel representing the private respondent no.8 submits that the private respondent no.8 filed an application before the concerned Panchayat authority for construction of a temporary tin shed structure on 10th January, 2020 and the Prodhan granted permission in favour of the private respondent no.8 upon being satisfied that the private respondent no.8 has complied with all formalities in that regard. He further submits that the Block Development Officer is not authorized under the West Bengal Panchayat Act, 1973 to decide as to whether the construction made on a private land was unauthorized one or not. He also submits that since the permission has already been granted by the Prodhan in favour of the private respondent no.8, the construction made by the private respondent no.8 cannot be said to be an illegal and unauthorized one.

11. Mr. Mukherjee distinguished the decision in the case of Profulla Kumar Ghosh (supra) by submitting that such decision was on the interpretation of Rule 30 which is not the issue in this writ petition.

12. Heard the learned advocates for the parties and perused the materials placed.

13. It appears from the letter dated 17th February, 2020 issued by the private respondent no.8 and addressed to the Prodhan, Matigara-I Gram Panchayat that an application for construction of a temporary tin shed structure was submitted on 10th January, 2020. The