Gurupada Jana And ANR. v. State Of West Bengal And ORS.

ML. 1855 Court No. 24 14.05.2024 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 7163 of 2022 Gurupada Jana & Anr.

v.

The State of West Bengal & Ors.

Mr. S. P. Pahari.

Mr. A. Pradhan.

Mr. T. K. Mahapatra.

... for the petitioners.

Mr. Santanu Kumar Mitra, SGA.

Mr. Amartya Pal.

... for the State.

The petitioners object to the utilization of their private land without acquiring the same in accordance with law.

Objection was filed before the respondent authorities but the same is alleged to be kept pending. Senior Government advocate representing the State respondents relies upon the instruction forwarded by the Block Development Officer, Haldia Development Block signed on 22nd June, 2022 wherein it has been specifically mentioned that the matter was duly enquired by the Block Land and Land Reforms Officer, Sutahata-II, (Haldia Block) as well as by the Pradhan of the Gram Panchayat.

It has been reported that presently the land will not be utilized for extension of concrete road. No such scheme has also been undertaken by the Gram Panchayat for the financial year 2022-23. In future if the

scheme is undertaken for extension of concrete road in the interest of the public, prior affirmation and approval will be taken from the owners of the land.

In view of the instruction forwarded by the BDO, the apprehension of the petitioners that their land will be utilized for public purpose cannot be substantiated. The writ petition stands disposed of.

The report filed by the BDO, Haldia Development Block dated 22nd June, 2022 be retained with the records.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)