DEBABRATA MUKHERJEE & ORS. Vs. STATE & ORS.

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for issuance of a writ of mandamus seeking a mandate on the concerted respondent.to grant conversion certificate in favour of the petitioners.

(2.) The petitioners are stated to be the transferee purchasers in respect of the plot is question which in terms of the record of rights, has been described as per the nature of the land as 'Doba'. the municipal authorities seemed to be sitting tight over the matter to give the sanction for construction on the said land in question is view of such endorsement appearing on the nature of the land in the record of rights. The record of rights appears to be staring on the face of the municipal authorities to grant permission and as a result of the same the petitioners were forced to approach this Court for seeking such reliefs, litter alia, amongst others for conversion of land is question so far as its nature is concerned. This Court is inhibited to pass stereotyped orders and, as such, it has made its exercise on a broad-based perspective as to whether the same is capable of being granted in the light of the provision of the West Bengal Land Reforms Act and there was all effect on the surroundings circumstances including topography end ecology This Court while considering the same has taken assistance of amicus curiae and this Court has appointed Mr. Santimoy Panda, learned Advocate as amicus curiae and the assistance rendered by him is appreciated by this Court in order to arrive at its decision. This Court has also heard at length and has taken note of the submissions of the respective Advocates appearing for the parties including those of the petitioners and of the State.

(3.) It is necessary to refer to the provisions of the rights of raiyat in respect of the land as covered by Chapter-II of the West Bengal Land Reforms Act and shora of detailed reference attention may be focused on Sec. 4B of the said Act. The said section provides that every raiyat holding any land shall maintain and preserve such land in such manner so that its area is not diminished or its character is not changed or the land is not converted for any purpose other than the purpose for which it was settled. From the record of rights it appears that the nature of land is described as 'Doha' and in terms of Sec. 4B of the Act it should not ordinarily be changed excepting under the situation as expanded by two provisos super-added to said Sec. 4B. The first proviso makes provision that raiyat may plant and grow trees on any land and its terms of the second proviso it is provided that without prejudice to the provisions of Chapter-IIB of the Act the said section shall not apply to the diminution in area of the land or the change of character of any land or conversion of the same for any purpose other than the purpose for which it was settled unless the same was made in accordance with the provisions of any law for the time being in force.