27.02.2025 Item No.15 gd/ssd WPA(P)/38/2025 SANDIP BAR AND ORS.

VS STATE OF WEST BENGAL AND ORS.

Mr. Sabyasachi Chatterjee, Mr. Kiron Sk.

Mr. Sarajit Roy, Mr. Aritra Ghosh ..for the Petitioners.

Mr. Sk. Md. Galib, Mr. Abu Siddique Mallik ..for the State.

Mr. Dipranjan Mukhopadhyay, Mr. Niladri Khanra ..for the Respondent No.7.

1. The petitioners allege that the land which was classified as crematorium has been put to use for construction of a solid waste management project and such usage is illegal.

2. Written instruction has been given by the Block Land and Land Reforms Officer, Sankarail, Howrah dated 5.2.2025 which has been placed by the learned Government counsel.

3. From the report it is seen that the land on implemented is owned by three raiyats, namely, Amiya Bala Ghosh, Joydeb Narayan Ghosh and Matongi Charan Ghosh and they have donated about 6-7 cottahas of land in the suit plot for the solid waste management project.

4. This is evident from the report submitted by the Revenue Inspector who visited the property.

5. Undoubtedly, the land is a raiyatee land though classified as a cremation ground.

6. The court has to bear in mind the doctrine of sustainable development more particularly when a small portion of the land is being used for the public purpose, namely, for the solid waste management project.

7. Furthermore, the enquiry report filed by the Revenue Inspector reveals that the public of the locality have stated that the land is not being used as a crematorium.

8. Be that as it may, we do not propose to interfere with the implementation of the solid waste management project since it is also required for the health and well being of the local public.

9. Therefore, we dispose of the writ petition by permitting the Prodhan of the Panchayat to proceed with the construction of the solid waste management project and complete the same expeditiously and also let the Prodhan of the Panchayat erect boundary wall

demarcating the 6-7 cottahs which have been handed

over to the Prodhan by the raiyats.

10. The direction be complied with as expeditiously as possible.

11. The authority shall take steps for changing the classification of the land appropriately on which the

12. With the above directions, the matter stands disposed of.

(T. S. SIVAGNANAM)

CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.)