"Clear Collusion Between Officials & Encroachers": Calcutta HC Imposes ₹1 Lakh Costs On KMC In Plea Against Illegal Conversion Of Waterbodies

The Calcutta High Court has recently taken exception to the conduct of the Kolkata Municipal Corporation & its officials who were allegedly unwilling to curb the illegal conversion of water bodies or restore water bodies which had been illegally filled up.

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya was seized of a PIL moved by the Nayabad Save Our Soul Foundation, and had on an earlier occasion directed the respondent KMC authorities to submit a list of water bodies under its jurisdiction.

On this occasion, being dissatisfied with the KMC Counsel's reply, the Bench gave the corporation another opportunity to the respondents to file their report, but only upon the payment of Rs 1 lakh costs to the State Legal Services Authority.

It held: There is clear collusion between the officers of the municipal corporation and the encroachers. We can safely conclude that the KMC is dragging the matter. Let the corporation not hoodwink the Court and itself. There is not a single piece of paper showing that any water bodies have been restored since 2021. You [KMC] are cheating the court. We will accept [the report] but only upon payment of Rs 1 lakh costs to the SLSA.”

The petitioners submitted that the KMC had not only expressed disinclination to restoring water bodies which had been illegally filled up, but it was not taking any active steps to entertain complaints or prevent the illegal conversion of water bodies either.

Counsel for the KMC submitted that they would file a detailed report on the number of water bodies under the jurisdiction of the KMC and that there were over 4000 waterbodies which had changed character under the various KMC wards.

The Chief Justice took exception to the fact that a report on the waterbodies under KMC jurisdiction had not been submitted in Court even though the Court had sought the same earlier.

The Bench further directed the counsel for the KMC to engage in discussions with high-ranking officials of the KMC including the Mayor to address the concerns of the petitioners, as well as deal with errant officials. 

Case: Nayabad Save Our Soul Foundation Vs The Kolkata Municipal Corporation And Ors.

Case No: WPA(P) 567 of 2023