DEBARSHI CHAKRABORTY Vs. DR. MANOJ PANTH, IAS

JUDGEMENT

(1.) This contempt application has been filed alleging wilful violation of a judgment and order dated August 9, 2019, whereby, a public interest litigation numbered as W.P. 10804 (W) of 2013 was disposed of. The operative portion of the said order reads as follows:-

(2.) Appearing for the petitioner, Mr. Bhattacharyya, learned Senior Counsel, submitted that with full knowledge of the said order, the Principal Secretary of the Land and Land Reforms Department to the Government of West Bengal, being the alleged contemnor no. 1, did not take steps for complying with the order. He said that no demarcation between the vested land of 1.36 acres and raiyati land of 1.35 acres has been made. Secondly, whatever purported implementation of the said order has been undertaken, the same has been at the instance of subordinate officers in the land and land reforms department whereas the direction was on the Principal Secretary to implement the order. The Principal Secretary had no business to delegate his duties under the said order to his subordinate officers. It was further submitted that there are substantial discrepancies between the contents of the affidavit affirmed on March 21, 2017, by the Additional Secretary of the Land and Land Reforms Department, referred to in the order of which violation is alleged, and the affidavits filed on behalf of the administration in the present contempt proceedings. Mr. Bhattacharyya submitted that the order in question has not been complied with by the alleged contemnors in its true spirit and intent or at all.

(3.) Learned Senior Standing Counsel appearing on behalf of the alleged contemnors drew our attention to an affidavit affirmed by the alleged Contemnor no. 1 on February 21, 2022. In the said affidavit the alleged Contemnor no. 1 has stated in details the steps taken by him and at his instance for complying with the order in question. The demarcation of the plot has taken place. Steps are being taken for demolition of unauthorised construction and for eviction of unauthorised occupants. Explanation has also been furnished as to why the compliance has taken longer than it should have. The primary reason was the outbreak of the Covid pandemic.