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.

JUDGMENT :

RAJASEKHAR MANTHA, J.

1. The appellants challenge a judgment and order dated 24th January, 2025 passed by a Single Judge of this Court whereby the Court directed E- Auction as a method for allotment of 13 Ferry Ghats under the Control and Management of Nawda Panchayat Samiti.

THE FACTS OF THE CASE

2. The Writ Petitioner/appellants claim that they are a Society formed by the members of the Patni Community (Boatmen). Their sole source of livelihood is ferrying passengers from one side of the river to the other. They have been engaged in this vocation for generations and would be deprived of such right if the E-Auction of the Ferry ghats is allowed to be conducted.

3. The Petitioners were enjoying control and management of 13 Ferry ghats, namely, (i) Kanainagar Patikbari, (ii) Shibnagar Tiakata, (iii) Amtala Fazil Nagar, (iv) Banchadanga Lalnagar, (v) Narayanpur, (vi) Goghata, (vii) Kanchantala, (viii) Tungi, (ix) Dhopapara, (x) Bally Kamra, (xi) Bally Bandha, (xii) Balia and (xiii) Maniknagar, under the Nawda Panchayat Samity, for the last 10 years.

4. They were supposed to deposit annual royalties to the Samiti. The amount deposited by the Appellants in the last few years is as follows:-

5. The E-Auction process was therefore undertaken by the Nawda Gram Panchayat Samiti to prevent loss of revenue and to maximize the same.

LAW ON THE SUBJECT

6. The WB Panchayat Act 1973 repealed the WB Panchayat Act of 1957 and the WB Zilla Parishad Act 1963.

7. Article 243 G was introduced by the Constitutional Amendment Act of 1992. The powers and duties of the Panchayat were specified. Pursuant thereto, the 1973 Act was amended in 2006 to expand the scope and power of the Panchayats.

8. Sections 20 and 21 were added to the Act of 1973 in the year 2006. Section 21(m) empowered the Panchayats to establish ferry ghats and manage and control ferries.

9. Section 25 prescribes that the Panchayat hascontrol over streets and water bodies. Sub-section 1(d) of Section 25 permitted the panchayat to maintain or otherwise improve such waterways.

10. Section 42 prescribes that all properties within the local limits of a gram panchayat are to vest within the gram panchayat. Sub-section 1(b) of Section 42 included the expression “all public canals, water courses and ghats”.

11. Section 47(1) deals with levy and fees. Sub-section (1)(ix) empowers the levy of rates and tolls in respect of ferries under such gram panchayats.

12. Section 219 of the Act of 1973 sub-section (b) thereunder prescribes that all properties under the previously existing panchayat Act 1957 and the Zila Parishad Act of 1963 or the Union and District Boards under the Bengal Self Government Act 1919, the Anchal Panchayats under the erstwhile Zila Parishad of 1963 shall vest in the Gram Panchayats, Panchayat Samities and the Zila Parishad under the New Act of 1973. The aforesaid three bodies comprise in, what is now called the new three-tier panchayat bodies.

13. Section 224 of the Act of 1973 empowered the State Government to make rules. In terms thereof, the West Bengal Panchayat (Panchayat Sanstha Administration) Rules, 2008 were framed w.e.f. 24th November, 2008. Rule 31 of the aforesaid Rules of 2008 mandated the establishment of various Sthayi Samities for the three-tier panchayat bodies to carry out their functions.

14. In terms of the table set out under Rule 31, the “Artha Sans