JUDGMENT :

Hiranmay Bhattacharyya, J.

1. A Public Interest Litigation being WPA (P) 263 of 2021 was filed by Pakuahat Social Welfare Society and others praying for a direction upon the respondent authorities to make a proper enquiry with regard to illegal transfer of the “Hat” and to take appropriate action against the illegal transfer of government properties.

2. Pakuahat is a Hat situated at Mirjapur under Bamangola Police Station in the district of Malda. It was alleged in the said Public Interest Litigation (for short “PIL”) that in the year 1980, the lands of the Hat were transferred by the recorded owners though the lands of the said Hat stood vested to the State free from all encumbrances.

3. The said PIL was disposed of by an order dated 18.04.2023 by passing directions upon various authorities. The operative portion of the said order is extracted hereinafter-

“3. In the light of the above, the writ petition stands disposed of with the following directions.

4. The competent authority under the 1953 Act or any other related enactments shall make and commence enquiry into the matter and issue notice to all such purchasers of lands which are recorded as vested lands in the revenue records. After affording an opportunity to those purchasers, enquiry should be conducted and appropriate orders be passed on merits and in accordance with law. The Sub-Registrar, Malda is restrained from accepting any deed of conveyance or any other document concerning the properties which have been accepted for registration or any document in respect of such lands which have been classified as ‘Hat’ or any other classification of vested land and list of such properties with the Dag Number shall be intimated by the concerned Block Land and Land Reforms Officer to the Sub-Registrar, Malda and the Block Land and Land Reforms Officer shall also simultaneously communicate the details of the purchasers of such lands which are illegally transferred to the competent authority of the local body who shall conduct an inspection of those properties and if any construction is found to have been put up on those properties without obtaining building plan approval, the building shall be sealed and action be initiated by issuing notice for demolition of those buildings. The entire exercise shall be completed by the concerned authorities within a period of three months from the date of receipt of the server copy of this order. The District Magistrate, Malda is directed to oversee and monitor the progress of the matter in terms of the directions issued above and if there is any deviation, the matter will be viewed seriously.

5. Needless to say that if the classification of the land is a ‘Hat’ and it is a vested land even assuming that there is an approved building plan granted, the construction itself is illegal and, therefore, action should be initiated against those buildings as well.

6. This order shall be communicated to the Inspector General of Registration, who in turn shall issue Circular to all the District Registrars as well not to accept any document for registration in respect of lands which have been classified as ‘Hat’ and the District Registrar concerned shall intimate the concerned Sub-Registrars who are functioning within their jurisdiction to scrupulously follow the above direction.

7. With the above directions, the writ petition stands disposed of. Consequently, the connected application also stands disposed of.”

4. It was held that lands classified as “Hat” in the revenue records cannot be transferred on account of its classification, more particularly, in the light of provisions of the West Bengal Estates Acquisition Act, 1953 and in particular, Sections 4 to 6 and any such deed of conveyance which has been accepted for registration by the Sub-Registrar cannot confer any title on the purchasers of those areas.

5. After the judgment under review was passed, the Secretary, Department of Land & Land Reforms & Refugee Relief and Rehabilitation Government of