Swapna Mondal v. State Of West Bengal And ORS.
Sl.9 07.04.2026 Court No.19 BP WPA 7083 of 2026 Smt. Swapna Mondal -versus- The State of West Bengal & Ors.
Mr. Surya Prasad Chattopadhyay Mr. Arjun Samanta Mr. Samudraneel Nandi ..for the petitioner Mr. Soumitra Bandyopadhyay, Sr. Govt.
Advocate Ms. Suchana Banerjee Mr. Srinath Singha Roy ..for the State Affidavit of service filed in Court today is taken on record.
The petitioner claims to be the recorded owner of a plot of land being R.S. Dag No. 4340 corresponding to L.R. Dag No. 8230 within Mouza Krishnapur, J.L. No. 17 under Police Station Rajarhat now Newtown under Ward No. 26 of the Bidhannagar Municipal Corporation. The petitioner alleges that the private respondents have made an illegal construction by encroaching upon the vacant space on the bank of Krishnapur new cut canal beside Mohisgote Netaji Subhash Sangha Club and adjacent to the property of the petitioner being R.S. Dag No.4340. The petitioner submitted a representation dated 10th November, 2025 before various authorities including the Sub-Divisional Officer, Bidhannagar and the District Magistrate, North 24 Pargans at Barasat praying for
removal of unauthorised construction upon the public land.
Mr. Chattopadhyay, learned advocate appearing for the petitioner submits that in spite of receipt of such representation no steps have been taken by the respondent authorities to remove the illegal encroachment upon the public land.
The learned advocate appearing for the State submits that necessary steps in accordance with law shall be taken if any encroachment upon the public land is found.
Without entering into the merits of the claim made by the petitioner in the representation dated 10th November, 2025, WPA 7083 of 2026 stands disposed of by directing the Sub-Divisional Officer, Bidhannagar being the 4th respondent to consider the representation of the petitioner dated 10th November, 2025 and after causing necessary enquiries and demarcation through competent Amins/ surveyors upon prior service of notice to the petitioner, the private respondents and any other person who may be affected by such demarcation and upon such demarcation if any encroachment upon the public land is found necessary proceeding in accordance with the relevant provisions of the statute shall be initiated and the entire exercise shall be completed as expeditiously as possible but positively within a period of four months from the receipt of a server copy of this order
along with a copy of the representation dated 10th November, 2025. In case the 4th respondent is of the view that such respondent is not the appropriate authority to decide the issue of encroachment, the 4th respondent shall immediately forward the necessary papers to the appropriate authority who has been vested with the power to decide the issue of demarcation. Needless to mention that if the concerned authority arrives at a conclusion that there is no encroachment upon the public land such decisions shall also be communicated to the petitioner and others within the time limit as mentioned hereinbefore.
There shall be however no order as to costs.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Hiranmay Bhattacharyya, J.)