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25.03.2025 Ct. No. 11 Jayanta WPLRT 79 of 2022 Namita Ghosh.

Vs.

State of West Bengal & Ors.

Mr. Gopal Chandra Ghosh, Ld. Sr. Adv Mr. Himadri Kumar Mahato ….. For the Petitioner.

Mr.Chandi Charan De, Ld. AGP ….. For the State.

The subject matter of challenge in the present writ petition is an order dated 26.04.2022 passed by the learned Tribunal in the Original Application (in short, OA) being OA 76 of 2021 (LRTT) refusing to interfere with the order dated 10.12.2020 passed by the Collector.

Shorn of unnecessary details the facts are that one Gita Rani Dey (in short, Gita) was the original owner of R.S. Dag No. 569 under Khatian No.1581, J.L. No. 21 and 318/ B/1 having an area of 09.4 decimals (5 cottahs 11 chittacks) situated at Mouza Gourhati, Chapdani, P.S. Bhadreswar, Hooghly under Chapdani Bhadreswar Municipality (hereinafter referred to as the said plot). In the record of rights the said plot stands classified as ‘pukur’. The said plot was thereafter transferred by Gita to one Iswar Chandra Mondal (in short Iswar) after obtaining necessary permission under the West Bengal Urban Land Taxation Act vide memo dated 18.03.1989. In the year 1992, Iswar sold the same to the petitioner after obtaining no objection from the competent authority under the Urban Land (Ceiling and Regulation) Act, 1976 vide memo dated 29.01.1990. The said plot thereafter stood mutated in the petitioner’s name. Subsequent thereto, the petitioner submitted an application for conversation of the said land from ‘pukur’ to ‘bastu’. The respondent no.3 rejected the said application by an order dated 09.02.2000. Aggrieved thereby, the petitioner preferred a statutory appeal which was also dismissed by an order dated 24.05.2011. Challenging the said order, the petitioner again approached the learned Tribunal and the OA 1973 of 2011 (LRTT) was disposed of by an order dated 10.02.2012 setting aside the order of the Collector dated 24.05.2011 and remanding the matter to the Collector to rehear the matter afresh in terms of the provisions of Rule 166 of the West Bengal Land Reforms Manual, 1991 (in short, WBLRM). As the petitioner’s application was still not being disposed of, she was constrained to prefer OA 2758 of 2017 (LRTT) and the same was disposed of on 19.12.2017 directing the Appellate Authority to dispose of the LR Appeal No. 84 of 2009. Pursuant thereto and placing reliance upon an enquiry report submitted by the SRO-II dated 01.08.2019, the Collector passed an order on 10.12.2020 refusing to grant relief to the petitioner. Aggrieved thereby, the petitioner again preferred OA 76 of 2021 (LRTT) and the order passed in the same on

26.04.2022 has been impugned in the present writ petition.

Records reveal that in course of hearing of the present writ petition, a Coordinate Bench of this Court by an order dated 17.07.2023 directed the Fisheries Department to submit a report. Pursuant thereto, a report has been submitted by the Senior Law Officer & EO, Assistant Secretary (Law) to the Government of West Bengal, Department of Fisheries, Aquaculture Aquatic Resources and Fishing Harbours.

Mr. Ghosh, learned senior advocate appearing for the petitioner submits that prior to disposal of the petitioner’s initial application for conversation, the respondent no. 3 called for a report from the District Fisheries Officer and pursuant thereto, the said officer replied by a memo dated 29.11.1999 that ‘the aforesaid plot is classified as pukur both in R.S. and L.R. records of rights. But according to physical enquiry report, the plot has been filled up’. Such observation is also supported by the memo dated 04.11.2010, issued by the respondent no. 4. From the said reports it is evident that the plot in question was not existing as a ‘pukur’ for the last 35 years. It was, in fact, a low land and as the same was creating nuisance in the locality, the Chairman of Chapdani Municipality also by a letter dated 05.09.1990 shifted the existing water tap granting no objection for fil