D.K.Seth, J. - (1.)These two appeals involve identical question of law and fact. Therefore both these matters were taken up and heard simultaneously. The appeals arise out of the interim orders granted by the learned Single Judge in the respective writ petitions filed by the respondent Sanjeevani Projects (P) Ltd. and Green Valley Towers (P) Ltd. respectively.
1. In course of hearing of the application for interim order the respective Counsel for the parties addressed the Court on the merit of the appeal. Therefore, at the suggestions of the parties the appeal was taken up for hearing. At the initial hearing of the appeal the parties had addressed the Court on the merit of the writ petitions as well. Since the Court was invited to decide the matter even on the question involved in the writ petition, therefore, it was deemed fit that the two writ petitions should also be disposed of, and the learned Counsel for the respective parties jointly suggested that the records of the writ petitions be called for and be decided along with the appeals.

1.2. Accordingly, the records of the respective writ petitions were called for. The writ petitions and the appeals were heard on merit. The respective Counsel for the parties had argued their respective cases extensively for a number of days. In the circumstances we propose to dispose of the appeal and the writ petitions together as hereafter. The Writ Petitions : The Prayers : the Interim Orders : The Appeals :

(2.)The respondents as respective writ petitioners filed two writ petitions being Writ Petition No. 352 of 2005 and Writ Petition No. 367 of 2005. In the Writ Petition No. 352 of 2005, the following prayers were made :
"(b) A writ of and/or in the nature of Certiorari do issue calling upon the respondents and/or each one of them to certify and transmit all records pertaining to the conversion of the nature of use of the said premises. Particulars whereof are pleaded in this petition as also those pertaining to the institution of any complaint FIR with Calcutta Leather Complex Police Station and /or any other police station against the petitioners or either of them so that conscionable justice may be rendered by quashing the same upon consideration thereof;

(c) A writ of and/or in she nature of Mandamus do issue commanding the respondents and/or each one of them- (i) quashing and/or setting aside any criminal complaint and/or FIR that has been lodged against the petitioners or either of them in respect of the properties being the said 16.6252 acres of land lying and situate at R.S.Dag No.321/615 in Mouza Kochpukur, 24-Parganas South, belonging to the proforma respondents, by the respondent No. 3 or any other respondents with Calcutta Leather Complex Police Station and/or any other police station; (ii) to issue sanction letter specifically confirming/directing/recording the conversion of nature of use of the said premises being the said 16.6252 acres of land lying and situate at R. S. Dag No. 321/615 in Mouza Kochpukur, 24-Parganas South so that dwelling units and other construction can be made at the said premises; (iii) to issue appropriate letter slating that the petitioners do not require any other sanction letter for making any construction at the premises; (iv) to forward and furnish a copy of the criminal compliant FIR as lodged by the respondent No. 3 and/or any other respondent(s) in Calcutta Leather Complex Police Station against the petitioners particularly the petitioner No.1 in respect of the said premises, to the petitioners;

(d) A writ of and/or in the nature of prohibition do issue restraining the respondents, and/or each one of them- (i) from interfering with/or hampering in any manner whatsoever the construction process at the said premises; (ii) from arresting and/or apprehending the petitioner Nos.2 and 3 in any manner whatsoever; (iii) from confiscating the properties of the petitioner in any manner whatsoever; (iv) from insisting upon production of any conversion certificate in respect of the said premises; (v) from acting and/or any further acting in pursuance of the criminal complaint and/or FIR instituted by the respondent No. 3 and/or any other respondents in Calcutta Leather Complex Police Station or any other police station against the petitioners in connection with the said premises
;
(e) Rule NISI in terms of the above prayers:

(f) Rule NISI be made absolute if no cause and/or insufficient cause is shown;

(g) An order of mandatory injunction be passed commanding the respondents, their men, agents, servants, subordinates, successor-in-office, successor-in- interest and/or each one of them thereby directing- (i) to quash and/or set aside any criminal complaint and/or FIR that has been lodged against the petitioners or either of them in respect of the properties being the said 16.6252 acres of land lying and situate at R. S. Dag No. 321/615 in Mouza Kochpukur, 24-Parganas South, belonging to the proforma respondents, by the respondent No.3 or any other respondents with Calcutta Leather Complex Police Station and/or any other police station; (ii) to issue sanction letter specifically confirming/directing/recording the conversion of nature of use of the said premises being the said 16.6252 acres of land lying and situate at R. S. Dag No. 321/615 in Mouza Kochpukur, 24-Parganas South, so that dwelling units and other construction can be made at the said premises; (iii) to issue appropriate letter stating that the petitioners do not require another sanction letter for making any construction at the premises; (iv) to forward and furnish a copy of the criminal complaint FIR as lodged by the respondent No. 3 and/or any other respondent(s) in Calcutta Leather Complex Police Station against the petitioners particularly the petitioner No.1 in respect of the said premises, to the petitioners;

(h) An order of injunction do issue restraining the respondents, their men, agents, servants, subordinates, successor-in-office, successor-in-interest and/ or each one of them - (i) from interfering with or hampering in any manner whatsoever the construction process at the said premises; (ii) from arresting and/or apprehending the petitioner Nos. 2 and 3 in any manner whensoever; (iii) from confiscating the properties of the petitioners in any manner whatsoever; (iv) from insisting upon production of any conversion certificate in respect of the said premises; (v) from acting and/or any further acting in pursuance of the criminal complaint and/or FIR instituted by the respondent No. 3 and/or any other respondents in Calcutta Leather Complex Police Station or any other police station against the petitioners in connection with the said premises;

(i) Ad interim orders in terms of the above prayers;

(j) Costs of and incidental so this application be paid by the respondents;

(k) Such further and/or other orders be passed, directions and/or directions be given as to this Hon'ble Court may deem fit and proper."

1. Identical prayers were made in the other writ petition. 2. Green Valley Towers (P) Ltd. moved Writ Petition No.367/2005 on 25th February, 2005. In the said writ petition ad interim order was passed restraining the Gram Panchayat from taking any step for revocation of the sanctioned plan and the respondent/appellant from taking any step against the petitioner. Thereafter, the writ petition was released by the learned Single Judge on 1st March, 2005. Thereafter, on 4th March, 2005 the application for interim order filed by Green Valley Towers (P) Ltd. was moved before the other learned Single Judge, when the same interim order was passed. On 9th March, 2005 Sanjeevani Projects (P) Ltd. moved its writ petition and similar interim order was passed by the other learned Single Judge. On 16th March, 2005, the appellant appeared in both these matters and submitted that the construction shall not be permitted to go on. However, no order modifying the interim order was passed. On the other hand the interim order was continued and directions were given for filing affidavits. 3. Two appeals were taken against the interim order passed respectively in the said two writ petitions. These two appeals were numbered as A.P.O.T. No. 252 of 2005 [Green Valley Towers (P) Ltd.) and A.P.O.T. No. 250 of 2005 (Sanjeevani Projects (P) Ltd.). Ultimately these two appeals were assigned to this Bench. This is how the matters have come up before this Court.

(3.)Extreme erudite arguments were made by the respective Counsel appearing on behalf of the respective parties. Various points were raised both on the question of facts as well as on the questions of law requiring an answer/ determination of those which are otherwise very relevant and important for both the parties involving an interest of the people living in Kolkata at large. Before we shift to the respective arguments we may briefly refer to the facts relevant for the purpose of this case.
1. It was alleged that by transfer or otherwise the petitioner, Green Valley Towers (P) Ltd., became owner of or entitled to make construction on part of the disputed plot being L.R. Plot No, 321/615 Mouza Kochpukur formerly R.S. Plot No. 773 of Mouza Dhapamanpur. However, neither any deed of purchase nor of assignment nor of agreement had since been disclosed. On 25th September, 2001 the Land and Land Reforms Department, Government of West Bengal worked out the list of plots being part of the respective Mouza falling in the East Kolkata Wetland Area. A part measuring about 59.64 acres of Dhapamanpur, since amalgamated with Mouza Kochpukur, was shown within the wetland area. In the mutations certificate issued on 1st October, 2001, the character of the land shown was "beel maach chas" On 6th May, 2003, the petitioner submitted applications for conversion of the land and paid the requisite fees for conversion. These were recorded as conversion case No. 2/2002-03 to 6/2002-03 and 9/2002-03 to 13/2002-03. These applications, however, were rejected.

2. The fact of rejection of the prayer for conversion had come to the knowledge of the Green Valley Towers (P) Ltd. on the basis of the disclosure made by the Collector in the affidavit-in-opposition filed on behalf of the Government. Between 18th March, 2004 and 20th July, 2004 Sanjeevani Project (P) Ltd. entered into eight agreements of development with the owners of some other parts of the same land. On 7th September, 2004 the building plan was sanctioned by the Bamunghata Gram Panchayat. On 17th September, 2004 the construction started on the basis of the sanctioned building plan. On 15th February, 2005 FIR was lodged with the local police station. On behalf of the Green Valley Towers (P) Ltd., the learned Advocate asked the police officer to supply a copy of the FIR. On 22nd February, 2005 the police arrested three labourers and one security officer from the site. They, however, were released on bail on 22nd February, 2005. On 22nd February, 2005 a spot enquiry was made. On 22nd February, 2005 the Land and Land Reforms Officer concerned asked Green Valley Towers (P) Ltd. to stop work of illegal construction since there was no valid conversion order from the department under section 4C of the West Bengal Land Reforms (WBLR) Act, 1955 and that the land was classified as "beel maach chas".

3. In the circumstances the Green Valley Towers (P) Ltd. had moved the writ petition (W.P. No. 367 of 2005) on 25th February, 2005. An ad interim order was granted thereon on the same date. After the matter was released by the learned Single Judge on 1st March, 2005, same interim order was passed on the said application on 4th March, 2005 by the other learned Single Judge when the same was then moved. Sanjeevani Projects (P) Ltd. on similar facts moved its writ petition on 9th March seeking identical reliefs and similar interim order was passed by the learned Single Judge. On the prayer of the Government respondent, after its appearance, for stopping construction the interim order was not modified but was continued with the direction for filing affidavits.

4.The present two appeals taken against the interim orders have now since been assigned to this Bench upon release on 5th May, 2005 by the regular Bench. This Bench on 19th August, 2005 granted the interim order and directed the District Land and Land Reforms Officer (DL & LRO) to inspect the site and submit a report. The DL LRO after his inspection submitted a report with photographs.