MANAS DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE six petitioners in this writ petition dated September 25th, 2006 are questioning the decision of the Mayor, Chandernagore Municipal corporation dated August 10, 2006 rejecting their applications for mutation of the assessment records.

(2.) AFTER purchasing their respective plots of land from the original owners thereof they applied before the competent authority under the West bengal Land Reforms Act, 1955 for mutation of the record of rights. Though in the existing record of rights the property was recorded as 'pukur' (a tank), while mutating them by incorporating the petitioners' names as owners of the plots the revenue authorities recorded that the property was 'danga' (solid land ). On the basis of such record of rights they submitted the applications requesting the corporation to mutate the assessment records. The corporation turned down the applications on the ground that the plots in question had stood vested in the government in view of the Section 10 notification published by the competent authority under provisions of the urban Land (Ceiling and Regulation) Act, 1976.

(3.) QUESTIONING that notification dated August 25, 1994 the petitioners moved this Court by filing a writ petition that was allowed by order dated may 8, 2006. The notification was quashed, and it was said that the corporation would be free to deal with the petitioners' mutation applications in accordance with law. The applications submitted by the first and second petitioners were allowed. But the decisions were later on rescinded by the corporation, and by the impugned final decision the corporation held that since the petitioners had failed to produce any document showing permission to convert the property from tank to Viti or Danga, they were not entitled to seek mutation claiming that the nature of the plots owned by them was 'danga'. The corporation proceeded on the basis that the property was nothing but a 'pukur'.