Form No.J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present : The Hon’ble Justice Raja Basu Chowdhury WPA 9751 of 2026 with CAN 1 of 2026 with CAN 2 of 2026 with CAN 3 of 2026 Radhe Shyam Banka & Ors. Versus Burdwan Municipality & Ors. For the petitioners : Mr. Abhrajit Mitra, Sr. Adv., Mr. Aritra Basu, Mr. Sourojit Dasgupta, Mr. Abhishek Jain, Mr. Sourav Thakur. For the Burdwan : Mr. Amal Kr. Sen, Municipality Mr. Subhasis Bandyopadhyay For the Applicants in : Mr. Samim Ahammed, CAN 1/2026 & Ms. Ambiya Khatun CAN 2 of 2026 Ms. Reshma Khatun Heard on : 08.07.2025. Judgment on : 08.07.2025 Raja Basu Chowdhury, J (Oral): 1. The instant writ petition has been filed, inter alia, praying for a direction upon the municipal authorities to repair, renovate and/or 2 WPA 9751 of 2026 with CAN 1 of 2026 with CAN 2 of 2026 with CAN 3 of 2026 restore and otherwise provide drainage facilities such that there is no outflow of sewerage into the plots of land belonging to the petitioners which are morefully described in the said petition. 2. The petitioners claim to have acquired interest in certain plots of land corresponding to LR Dag No.212, 214, 507, 1351, JL No.75, Mouza-Ichlabad, Burdwan. The petitioners claim that originally the classification of aforesaid plots of land were recorded in the Records of Right (RoR) maintained by the BL & LRO as ‘Sali’. Subsequently, the petitioners having applied for conversion of the aforesaid plots of land form Sali to Bastu by an order dated 4th May, 2015 issued by the ADM & DL & LRO, Burdwan in his capacity as Collector under Section 4C of the West Bengal Land Reforms Act, 1955 allowed the conversion of the said land from ‘Sali’ to ‘Housing complex’. The copies of the conversion certificates issued by the ADM & DL & LRO, Burdwan have been annexed to the writ petition. The petitioners claim to have also applied before the municipal authority who had upon realization of the necessary fees mutated the aforesaid plots of land in favour of the petitioners by recording the character of land as Bastu. Copies of the mutation certificates issued in favour of the petitioners by Burdwan Municipality have also been annexed to the writ petition. The petitioners would complain that the adjoining surrounding plots of the land have all road access, some directly from the GT Road while others through the bye-lanes leading to GT Road and that the GT Road as also the bye-lanes have 3 WPA 9751 of 2026 with CAN 1 of 2026 with CAN 2 of 2026 with CAN 3 of 2026 open drainage facilities which is the way for sewerage clearance and is maintained by the municipality, unfortunately there is no such facility available to the petitioners. 3. 3. According to the petitioners, the municipal authority is under a statutory obligation to provide and maintain the system of drainage and sewerage as well as safe and sufficient outflow in and around the municipal area. It is the petitioners’ case that apart from the entrance to the plots of land as shown in the plan annexed to the petition, there is a 12 ft. wide passage having a length of 90 ft. connecting the GT Road. Unfortunately, the open drain abating this passage is broken, and has not been repaired by the respondents. As a result, there is continuous outflow of sewerage from the open drain channel to the petitioners’ plots of land. Apart from the above, there is also outflow of sewerage from the adjoining plots to the petitioners’ plots of land. 4. In the aforesaid facts, complaining of failure on the part of the municipal authorities to provide drainage facilities and also complaining likelihood of health hazards, the petitioners approached this Court. When the matter was taken up for consideration on 7th May, 2026, this Court, noting the peculiar facts, had directed the municipality to carry out an inspection at the locale and file a report. Following the aforesaid on 20th May, 2026, the municipal authorities had filed a report duly counter- signed by the Chairman. In the aforesaid report, it has been 4 WPA 9751 of 2026 with CAN 1 of 2026 with CAN 2 of 2026 with CAN 3 of 2026 mentioned that since, the entrance/access of the proposed new holding was extremely narrow and the entire plot is a marshy land, the same was being used as catchment area of rain water along with other foul water discharged by the surrounding inhabitants for a long time. The report also notes that the petitioners’ representative having given an undertaking that LR Plot No.215 which is connecting the G.T Road, South and North will be kept open to the sky having unrestricted right of use as road/pathway/passage to the other plots that the holding number was allotted by the municipality. Having regard to the above, by an order dated 20th May, 2026 considering the facts noted hereinabove and on the basis of disclosure made in the report and the undertaking as aforesaid and since at that stage, the learned senior advocate representing the petitioners had submitted that in terms of the undertaking, the petitioners would co-operate with the municipal authority for the purpose of setting up drainage facilities, for removal of waste water, this Court was of the view that a proposal in this regard may be given by the petitioners along with a plan in the form of an affidavit when the matter is taken up next. 5. However, in the interregnum, considering the submissions made by the learned senior advocate for the petitioners that there was an adjoining public drainage and since permission was sought to pump out the waste water, which was not objected to by the municipality, this Court allowed the pumping out of the 5 WPA 9751 of 2026 with CAN 1 of 2026 with CAN 2 of 2026 with CAN 3 of 2026 accumulated foul and waste water from the petitioners’ plots to the adjoining public drainage under the supervision of the municipality, without causing any hindrance to the neighbours and other persons in the locality and without in any way inundating the locality. 6. In furtherance to the aforesaid direction, the petitioners claim to have removed the excess rain water and is continuing to do so on regular basis. Subsequently on 16th June, 2026 in terms of the liberty reserved in favour of the petitioners in the order dated 20th May, 2026, the petitioners have filed a supplementary affidavit which was taken on record. The municipality has since responded to the said supplementary affidavit by filing a report in Court today which is also taken on record. 7. From a perusal of the aforesaid report, it would transpire that the proposal mooted by the petitioners for allowing them to install or lay necessary drainage system on the petitioners’ land is not in conformity with Rule 151 of the West Bengal Municipal (Building) Rules, 2007 and having regard thereto, it is not possible for the municipal authority to consider the same. Mr. Sen, learned advocate representing the municipality has also drawn attention to this Court to conversion certificate issued under Section 4(c) of the West Bengal Land Reforms Act, 1955 and would submit that such conversion is a conditional conversion. By drawing attention of this Court to the terms and conditions including those set forth in condition ‘e’ of the aforesaid conversion certificate, he submits that 6 WPA 9751 of 2026 with CAN 1 of 2026 with CAN 2 of 2026 with CAN 3 of 2026 the same is subject to the petitioners obtaining approval or conditional licence from appropriate authority. The petitioners cannot simply set up housing complex without the approval of the municipality. 8. He would still further submit that in the facts stated hereinabove, no relief should be afforded in favour of the petitioners, inasmuch as the petitioners are yet to obtain the sanctioned building plan. This apart, he submits that without appropriate disclosure being made by the petitioners, the municipality cannot be in a position to ascertain the extent of the outflow of water from the aforesaid plots for them to make appropriate arrangement. 9. Before proceeding further, I may record that two applications have been filed, being CAN 1 of 2026 and CAN 2 of 2026. Mr. Ahamed learned advocate appearing on behalf of the applicants who claims to be an environmentalist have expressed concern in utilization and development of the above plots. The above plots, according to the applicants, are wet lands and is used as catchment area for the rain water from the surrounding areas. By drawing attention of this Court to a public notice given by the municipality on 10th May, 1994, he would submit that the municipality had notified all concerned that the plot numbers indicated therein were water- bodies and none should take steps to fill up the same. According to him, the municipality had also notified the Inspector-in-Charge, Burdwan Police Station and also the Additional District Magistrate, 7 WPA 9751 of 2026 with CAN 1 of 2026 with CAN 2 of 2026 with CAN 3 of 2026 DL & LRO indicating that forged documents have been submitted by some miscreants for conversion of the character of the land. 10. In the facts as noted hereinabove, he submits that this Court should grant leave to the applicants to intervene. The subsequent application being CAN 2 of 2026 has been filed seeking recall of the orders dated 7th May, 2026, 20th May, 2026 and 16th June, 2026 passed in connection with the above writ petition. 11. Having heard Mr. Ahmed, learned advocate representing the applicants, I find that the applicants do not have any interest in the property. Admittedly, conversion of land from Sali to Bastu and Bastu to Housing has already been allowed by the office of the DL & LRO. The initial order dates back to 4th May, 2015. In furtherance thereto, the municipality has also mutated the name of the petitioners and the land has been recorded as Bastu. The same has also been allotted a holding number as well. At no point of time, from the materials on record, it would transpire that the land in question was recorded as a water body or a wet land. The record of rights disclosed in the petition do not support the applicants’ contentions. The municipal authority has not come forward to support the applicants’ cause, as well. The applicants have also not disclosed any record of right to substantiate their contention. 12. Having regard thereto, since the applicants have not been able to dislodge the presumption raised through the record of rights, and the applicants having failed to make out a legal right to intervene, I 8 WPA 9751 of 2026 with CAN 1 of 2026 with CAN 2 of 2026 with CAN 3 of 2026 find that there is no scope to entertain the application being CAN 1 of 2026. The same is accordingly rejected. Since, the application being CAN 1 of 2026 is rejected, the subsequent application being CAN 2 of 2026 cannot succeed and is dismissed. 13. Coming back to the writ petition, I find that the municipality is not averse to discharge its obligations. The municipality is only interested in ensuring that the petitioners take appropriate steps and file an application in requisite format. 14. Mr. Mitra, learned senior advocate appearing for the petitioners would submit that the petitioners are also ready and willing to co- operate with the municipal authority for the purpose of providing a proposal so that the municipal authority can decide on the extent of the water that may be discharged from the petitioners’ property. Accordingly, the writ petition stands disposed of by permitting the petitioners to make appropriate application before the municipality in conformity with the provision of Rule 151 of the West Bengal Municipal (Building) Rules, 2007. 15. The petitioners shall be at liberty to apply before the municipal authority within a period of eight weeks from date. In the event, any application is made, the municipal authority shall consider the same, and independent of the final approval of building plan, shall, at the first instance, provide for appropriate drainage facilities to the above holding and shall also take adequate care and carry out such maintenance work so that there is no outflow of sewerage in 9 WPA 9751 of 2026 with CAN 1 of 2026 with CAN 2 of 2026 with CAN 3 of 2026 the petitioners’ plots of land. It is expected that steps shall be taken within four weeks from the date of filing the application by the petitioners. 16. Considering the facts that there is likelihood of health hazards, not only to the petitioners but also to the other inmates of the locality due to accumulation of foul water, the interim measure as directed shall continue for a period of eight weeks or until such time the municipality makes adequate drainage facilities available to the petitioners’ plots. 17. In the event, the municipality is of the view that any information of any other materials is additionally required for setting up the drainage facilities, the municipality may call for the same, and the petitioners shall be obliged to provide such information. 18. However, under no circumstances, the issue of setting up of drainage facilities shall be delayed beyond the period provided here. 19. With the above observations and directions, the writ petition stands disposed of. In view of the order passed herein, the application being CAN 3 of 2026 also stands disposed of without any further order at this stage. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of requisite formalities. (Raja Basu Chowdhury, J.) pp A.R. (Court)