The Calcutta High Court has directed the respondents to maintain the status quo with regard to the character and usage of the lands donated by the petitioner’s grandfather and father for the purpose of upgrading the Primary Health Centre at Purandanpur, Mathurapur Block II, District South 24 Parganas.
The court’s direction comes in response to a petition filed by Jakir Hossain Molla, who claims that the lands donated by his family are being utilized for a Mega Surface Water Supply Scheme instead of the intended purpose.
The petitioner’s grandfather and father had executed two deeds of gift in favour of the Governor of the State of West Bengal, donating lands measuring 2.70½ acres for the specific purpose of upgrading the health centre.
However, despite the donation being made in 1976, the proposal to upgrade the health centre has remained unimplemented.
The petitioner contends that the Public Health Engineering Department’s decision to use the lands for the water supply scheme is impermissible, as it violates the purpose for which the lands were donated.
The court observed that the lands were donated for a specific public purpose, and the government cannot deny this fact.
The court also noted that the deed of gift was conditional, and without the consent of the donor or his successors-in-interest, the purpose for which the donation was granted cannot be altered by the authorities.
The Division Bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya directed the Secretary of the Department of Health and Family Welfare, Government of West Bengal, and the Secretary of the Public Health Engineering Directorate to file a report clearly setting out all facts and explaining why no steps have been taken to upgrade the hospital despite the lands being donated for this specific purpose.
The court’s direction to maintain the status quo ensures that the lands are not utilized for any purpose other than the intended upgrading of the health centre facilities.
The matter has been listed for further consideration on February 13, 2025.