Nasim Firoj Mallick v. State Of West Bengal And ORS.

03.08.2021 03.08.2021 Ct. No.10 b.das W.P.A. 5378 of 2021 (Via Video Conference) Nasim Firoj Mallick Vs.

The State of W.B. & Ors.

Mr. P.P. Roy ...for the petitioner.

Mr. Ansar Mondal ...for the State.

Mr. Rajendra Banerjee ...for respondent No.6.

Heard the parties.

The grievances of the petitioner is directed against an alleged illegal construction made by the private respondents in front of the alleged premises of the petitioner.

Mr. Mondal appears on behalf of the State respondents files a report which inter alia highlights that the land of the private respondents as well as the petitioner is on acquired land.

It is further submitted by Mr. Mondal that the private respondent and the petitioner have carried out illegal and unlawful construction on land which belongs to the State. It is also submitted on behalf of the petitioner that the concerned State officer has initiated demolition proceedings in accordance with law.

I have considered the submissions made on behalf of the State respondents.

I am of the view that in the light of the submissions made on behalf of the State respondents, the petitioner as well as the private respondent are guilty of carrying out illegal and unlawful construction and the Assistant Engineer has already initiated steps in accordance with law for demolition of the illegal and unauthorized construction.

Accordingly, WPA 5378 of 2021 is disposed of by directing the Assistant Engineer to act expeditiously in accordance with law and take steps against the illegal and unauthorised construction in accordance with law. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Ravi Krishan Kapur, J.)