Notice to restore land classified as 'Bastu' without proper inquiry is arbitrary; judicial review mandates reasoned decisions backed by evidence.

JUDGMENT :

SMITA DAS DE, J.

1. In the instant writ petition the petitioner company has challenged an Order dated 12th July, 2023 issued by the Executive Engineer (Civil), E&H Department, Kolkata Municipal Corporation (hereinafter referred to as “KMC”).

2. Apropo, the facts of the case is that the petitioner being a Private Limited Company is seized and possessed of a piece and parcel of vacant bastu land (homestead) measuring about 6 cottahs 3 chittack and 25 Sq.Ft. more or less lying and situated at premises No. 328, Diamond Harbour Road, Kolkata. Before its amalgamation, it was two separate plots of land being No. 323, Vidyasagar Sarani, (James Long Sarani), Kolkata-700063 as A/1 and 470, Vidyasagar Sarani (James Long Sarani), Kolkata-700063 as B/1. The petitioner purchased the aforesaid two plots of land and mutated its name in the Records of the BL&LRO (Block Land & Land Reforms Office), Thakurpukur, District South 24 Parganas, being the respondent No. 5, earmarking the nature and character of the land and clarified as ‘Bastu’ land in the records of the BL&LRO. Thereafter, the petitioner company filed an application for mutation cum amalgamation before the concerned department of KMC and subsequently the aforesaid two plots were amalgamated into one plot and was renumbered as premises No. 328, Diamond Harbour Road, and the same was accordingly recorded in the Records of the Mutation Assessment Roll Book and the inspection book maintained by the KMC, recording inter alia, the name of the petitioner company as the owner of the premises.

3. It is pertinent to mention that the said amalgamated plot of land purchased by the petitioner company was lying vacant and due to lack of maintenance huge number of weeds, bushes, shrubs fully covered the said plot of land along with the dirty filthy water which got accumulated on the said plot during monsoon season. Taking the fullest advantage of the land lying vacant the local people used the plot to dispose of their garbage, litter into the plot of land. As a result the land turned out to be a breeding ground for mosquito larvae on the stagnated water obstructing the free flow of the water. Eventually, the plot turned out to be a dumping yard. The petitioner took the initiative to clear the rubbish from the plot of land as the people of the locality raised hue and cry by threatening to lodge a complaint before the Municipal authorities. In consequence thereto, the petitioner company made a representation to the Municipal authorities being the respondent No. 4 herein, seeking inter alia, a permission for removing the garbage and cleaning the stagnated water. However, the Municipal authorities instead of granting the permission as sought for by the petitioner in the representation for cleaning of the dumping ground, the Municipal authority on the contrary issued a Notice bearing Ref. No. 5/124/2023 dated February 21, 2023 under section 496A of Kolkata Municipal Act, 1980 (hereinafter referred to as the said act) directing inter alia, that the persons responsible shall remove and treat the stagnant water within 7 days in terms of the said provision of law and restore the water body to its original condition.

4. The petitioner company being aggrieved by the issuance of the Notice filed a writ petition being No. WPO 1217 of 2023, challenging inter alia, the issuance of the notice under Section 496A by the respondent No. 4 herein, before this Court. By an order dated May 22, 2023, the Coordinate Bench of this court disposed of the matter, directing inter