Kolkata: Observing that management and control of a water body by the civic body does not tantamount to taking over the ownership of it, Calcutta High Court ruled in favour of Kolkata Municipal Corporation (KMC) where the owner of the waterbody was found to be incapable of managing it.
The bench of Justice Debangshu Basak and Justice Shabbar Rashidi was moved by the KMC challenging a single bench order which directed the civic body to hand over the management and control of the water body and its embankment to the writ petitioner.
In the case, the KMC had taken over the management and control of the water body in view of the provision of Section 17A of the West Bengal Inland Fisheries Act, 1984 as amended in 1993. This was done since the owner allegedly failed to maintain it.
The civic body’s counsel said such neglect forced the KMC to take over the management and control for maintaining the same. Attempts to serve the petitioner a notice remained unfruitful since the person was not residing in the vicinity of the water body. The KMC had also published notices in two newspapers and yet there was no response. This led the KMC to take over the waterbody.
The court was also told that KMC is not interested in continuing with the management and control of the water body if the petitioner is willing to maintain it.
The bench observed that the petitioner is of an advanced age of 80 years and suffering from a number of medical conditions. Further, there was nothing on record, including financial capabilities, to suggest petitioner is capable of managing and controlling the water body,
Setting aside the single bench order, the court allowed KMC to initiate proceedings against the petitioner as are permissible under provisions of the amended Act.