BISWANANDA NASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner herein has filed the instant writ petition challenging the action of the respondent authorities in the matter of removal of earth from the lands of the petitioner and has also questioned the legality and/or validity of the steps taken by the respondent authorities in the matter of taking over the management and control of the water body in question without giving an opportunity of hearing to the petitioner. It appears from the records that a considerable part of a water body which is locally known as Daktar Bheri has been illegally filled up by earth. It has been alleged by the respondent authorities that the petitioner herein intended to convert the said water body into a land in violation of the provisions of the West Bengal Inland Fisheries (Amendment) Act, 1993. It has been submitted on behalf of the respondent authorities that a general notice was displayed at site of 15/11/2001 asking stoppage of the illegal work of filling up the water-body by earth and also for restoring water-body to its original condition. According to the petitioner by natural process the area has been filled up gradually and the same is not fit for pisciculture.

(2.) It has been contended on behalf of the petitioner that an application has already been filed on behalf of the petitioner before the concerned Block Land and Land Reforms Officer for correction of record of rights in respect of the lands in question on the ground that the area in question has already been converted to homestead land by natural process and there is no natural course of water and according to the petitioner pisciculture is impossible in the said area at the present moment.

(3.) In any event it is an admitted position that the water-body has been filled up either at the instance of the petitioner or due to the natural process as suggested by the petitioner and the respondents have taken steps for restoring water-body to its original condition.