Court mandates inquiry prior to demolition action under PMAY, restraining coercive measures.

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION Appellate Side WPA 14400 of 2025 Arpita Mahata versus The State of West Bengal & Ors.

Mr. Pankaj Halder ….for the Petitioner Ms. Kakali Samajpati, Ms. Bineeta Bhattacherjee ….for the State Respondents The learned advocate for the petitioner submits that in compliance to the order dated 30^th March, 2023 passed in WPA No.7245 of 2023, the Pradhan being the respondent no.7 referred the matter to the Sub- Divisional Officer for taking necessary steps for demolition of the structure comprised within J.L No.- 798, Khatian No.-157, Dag No.-3, Mouza- Bandhgora. The house in question has been constructed by the amount sanctioned in favour of the petitioner under the scheme of Pradhan Mantri Awas Yojana (in short, “PMAY”). The impugned order dated 2^nd April, 2025 of the Sub-Divisional Officer (in short, “SDO”), Jhargram Sadar clearly records that a further enquiry is required to be made to ascertain whether the house of the husband of the petitioner, namely, Uttam Mahato was constructed under PMAY or not, and the Pradhan, Lalgarh Gram Panchayat was asked to submit a report by 30^th April, 2025. However, subsequent thereto, no hearing was conducted and all of a sudden on 23^rd June, 2025 a demolition notice has been issued by the Block Development Officer (in short, “BDO”) which is to take effect tomorrow i.e. on 2nd July, 2025. The petitioner seeks for stay of operation of the impugned letter dated 23^rd June, 2025 of BDO.

On the contrary, the learned advocate for the State submits that, order of SDO has been passed in compliance to the order passed in WPCRC 12 of 2025 in WPA No.7245 of 2023. She indicates that the order was passed in respect of Subhash Mahata and not against the husband of the petitioner, namely, Uttam Mahato or the petitioner, herein. However, she seeks for an accommodation to take proper instruction regarding enquiry report submitted by the Pradhan, Lalgarh Gram Panchayat pertaining to the order dated 2nd April, 2025 of the SDO.

Accordingly, State-respondents is directed to file a report in the form of an affidavit within one week with an advance copy of the report to the learned advocate for the petitioner. Exception thereto, if any, be filed within a week thereof.

In the meantime, the State-respondents shall not to take any coercive measures/action in respect of letter dated 23rd June, 2025 of respondent no.4, BDO till the next date of hearing.

Let this matter appear on 16^th July, 2025 in the list under the heading “Returnable Motion”.

The learned advocate for the petitioner is directed to serve copy of this petition with annexure to the private respondent nos.8 to 11 by the returnable date and file affidavit of service on the returnable date.