Lokesh Kumar Tahlani Alias Lokesh Tahlani v. The State Of West Bengal And ORS.

ML 70 17.06.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 2844 of 2025 Lokesh Kumar Tahlani alias Lokesh Tahlani -versus The State of West Bengal & Ors.

Mr. Brajesh Jha, Mr. Neel Chakraborty, Mr. Soumya Sarkar, Mr. Amartya Gopal Sinha.

...For the Petitioner.

Mr. Naba Kumar Das.

...For the State.

Mr. Satyajit Talukder, Mr. Arindom Chatterjee.

...For KMDA.

Ms. Mohana Das.

...For the Municipality.

1.

The petitioner alleges that certain plots of land of the petitioner have been forcefully utilized by the Maheshtala Municipality for construction of a water project without proper demarcation. An objection by the petitioner was forwarded to the Special Land Acquisition Officer, South 24-Parganas.

2.

From the report placed by the learned advocate appearing on behalf of KMDA, it appears that the subject project is fully functional by now. KMDA acted as a nodal officer for implementation of the project. Land was allotted by the Maheshtala Municipality to KMDA for the purpose of the said project.

3.

As it appears that the representation filed by the petitioner before the Special Land Acquisition Officer, South 24-parganas is pending disposal till date, accordingly, the instant writ petition is disposed of by directing the Special Land Acquisition Officer being the respondent no. 4 herein to take into consideration the said representation and dispose of the same in accordance with law by passing a reasoned order after giving reasonable opportunity of hearing to all the necessary parties including the petitioner and the Municipality.

4.

The aforesaid authority shall peruse all records prior to passing a final order in the matter. 5.

The Block Land and Land Reforms Officer, Thakurpukur Maheshtala Block, Behala is directed to forward all necessary documents in connection with the subject project to the aforesaid respondent.

6.

A decision shall be taken in the matter at the earliest but positively within a period of twelve weeks from the date of communication of this order. 7.

Learned advocate appearing on behalf of KMDA has handed over the joint inspection report along with all supporting documents to the learned advocate appearing on behalf of the petitioner in Court today. Copy of the same has been retained with the records.

8.

Learned advocate appearing on behalf of the petitioner shall forward a copy of the representation dated 22nd January, 2025 along with all supporting documents to the aforesaid respondent at the time of communicating the order of the Court.

9.

The writ petition stands disposed of.

10.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

( Amrita Sinha, J.)