Boundary walls around private ponds in residential areas need not be demolished if integrated with surrounding houses; restoration of water bodies upheld with directions for maintenance and prevention of illegal filling/dumping.

ORDER

1. The allegation of the Applicant in the present Original Application is that the Respondent No.12, Mohammad Moinuddin Ansari, is filling up a pond measuring about 20 decimals situated in L.R. Dag No.305/477, L.R. Khatian No.1128, J.L. No.32, Police Station- Sankrail of Mouza-Banipur, District-Howrah. It is stated that the Respondent No.12 is the owner of the „Pukur Par‟ (Pond) in question which is recorded as such in the Record of Rights.

2. It is alleged that the Respondent No.12 had constructed a brick boundary wall on the said „Pukur Par‟ against which a writ petition being W.P.A. (P) No.13 of 2022 was filed by the Applicant. It is stated that in the said Writ Petition, a Report in the form of affidavit dated 16.03.2022 was filed by the Block Land and Land Reforms Officer and Special Revenue Officer-II, Sankrail, District-Howrah, stating therein that there is a bamboo fencing between 9268 square feet/21.27 decimal (approx..) and 1038 square feet (approx.) of „Pukur‟/Pond and on both sides of the fencing the Pukur is filled with water hyacinth. It was stated that on the north-eastern side 3330 square feet (approx.) area is filled with piled up rubbish as noticed during physical verification. It was also stated that adjacent Plot No.305/4777 (L.R.) corresponding R.S. Plot No.308 is recorded as “Pukur Parh” and L.R. Plot No.306 corresponding to R.S. Plot No.309 is recorded as „Bastu‟ in favour of one Moinuddin Ansari. It was also stated that the western and northern side of the plots recorded in the Khatian of Moinuddin Ansari is surrounded by six feet height boundary. It was specifically stated that no pond filling work was going on during physical verification.

3. It is also stated that the said Writ Petition was disposed of by the Hon‟ble High Court vide its order dated 23.08.2022 with a direction to the Block Land and Land Reforms Officer, Howrah, to give an opportunity of hearing to all concerned parties and also verify the existing position on the spot with due intimation to the concerned parties and take appropriate decision in accordance with law to ensure that the water body and the embankment are protected and no illegal filling up takes place in violation of any of the provisions of the Act or the Rules.

4. The allegation of the Applicant is that a six feet boundary wall has been constructed all around the Plot Nos.306, 305 through L.R. Plot No.477 which is totally illegal. It is also stated that the Respondent No.12 has prayed for permission to clean up the pond and to repair the Pukur Par.

5. We find that the order of the Block Land & Land Reforms Officer, Sankrail, Howrah, stated to be in compliance of the order of the Hon‟ble High Court has been filed at page no.59 of the paper book, para 4 of which mentions that “dumping of garbage on one side of the water body is in corroboration with the written statement filed by the alleged raiyat Moinuddin Ansari”. Para 6 of the said order also mentions that “since there is no proof of filling of the waterbody by the Raiyat no penal action could be taken for violation of Section 4 C (2) of the West Bengal Land Reforms Act, 1955”.

6. The Inspector-In-Charge, Sankrail Police Station has filed affidavit dated 05.07.2024 stating that on 07.04.2024 an application was lodged at the Sankrail Police Station and the concerned officer alleged that during enquiry of a mass petiti