THADDEUS LAKRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this Public Interest Litigation, the petitioners have prayed for quashing of the agreements dtd. 1/3/2011 and 31/1/2017; direction upon the respondent authority to hand over vacant and peaceful possession of the lands to the respective Schedule Tribe recorded raiyats and an order directing the Central Bureau of Investigation (CBI) to enquire into the transfer of the lands in question.

(2.) The writ petitioners have alleged that several plots of land within mouja Mahisbathan under police station Bidhannagar owned by persons belonging to Schedule Tribe community have been grabbed and a housing complex has been illegally constructed on the said lands by the 15th respondent. The grievance of the writ petitioners is that representations submitted before various authorities yielded no result which compelled them to approach this Court.

(3.) Mr. Basu, learned advocate appearing for the writ petitioners submitted that the lands owned by schedule tribe raiyats have been snatched by non-tribals in utter violation of the provisions laid down under Sec. 14C of the West Bengal Land Reforms Act, 1955 (for short 'WBLR Act"). Mr. Basu submitted that the agreements dtd. 1/3/2011 and 31/1/2017 are illegal and void. He submitted that restrictions have been imposed under WBLR Act for transfer of lands of a raiyat belonging to schedule tribe. He further contended that illegal constructions have been made on the lands belonging to the persons of schedule tribe community.