BAJRANGLAL SARDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CHALLENGE in this petition is to an order passed by the Municipal Commissioner, Kolkata Municipal Corporation (hereafter the Corporation) holding that the plot of land which the petitioners intend to develop was a tank/water body and therefore the bar of section 17A of the West Bengal Inland Fisheries Act, 1984 (hereafter the Fisheries Act) is attracted. It was further held by him that since the petitioners had been gradually filling up the tank/water body, they shall restore the same in its original position.

(2.) THE impugned order is undated and has been forwarded to the first petitioner by the Executive Engineer (C)/PMU of the Corporation by his letter dated 19.4.2008.

(3.) THE erstwhile Directors of the company had submitted an application before the Corporation for construction of a multi-storied residential building on the said property. THE Corporation had initiated steps for sanctioning the building plan and as a part thereof, the land was inspected by the Surveyor/Assistant Valuer and a report to that effect was submitted on 28.4.1988. Interestingly, the report does not reveal that the said property comprises a water body.