Amal Kumar Mondal v. State Of West Bengal And ORS.

02.09.2021.

Item No. 134.

Court No.13 ap W.P.A. No. 8597 of 2021 (Through Video Conference) Amal Kumar Mondal

Versus

The State of West Bengal & Ors.

Mr. Mrityunjoy Chatterjee, Md. G. N. Imrohi, Mr. Debapriya Majumder.

..For the petitioner.

Mr. Sirsanya Bandopadhyay, Jr. Standing Counsel, Mr. Arka Kumar Nag.

...For the State.

Affidavit-of-service filed in Court today be taken on record.

Block Land & Land Reforms Officer, Sagardighi Block, Murshidabad is added as a party respondent to the instant writ application. The learned Advocate-onrecord for the petitioner shall make necessary changes in the cause title.

The writ petitioner seeks demolition of admittedly unauthorized construction made over a portion of his premises. The Highway Sub-Division, P.W.D. has, pursuant to an order passed in W.P. No. 11423 (W) of 2013, caused a demarcation to be conducted and fixed a date for demolition. The same could not take place in view of the death of a person in the premises.

Mr. Sirsanya Bandopadhyay, learned Junior Standing Counsel has fairly and candidly submitted

that there has been some delay on the part of his clients in executing the order of this Court. Be that as it may, the Block Land & Land Reforms Officer, Sagardighi Block, Murshidabad shall, within a period of seven days from date, demarcate the unauthorized construction on Government land made by the private respondents.

The Assistant Engineer, Raghunathganj Highway Sub-Division, Public Works Department, shall immediately thereafter complete the demolition process, preferably within a period of one week thereafter.

It is expected that the Block Land & Land Reforms Officer, Sagardighi Block, Murshidabad shall appreciate the urgency expressed by this Court. Let a copy of this order be sent to the District Magistrate, Murshidabad, Block Land & Land Reforms Officer, Sagardighi Block, Murshidabad and the Assistant Engineer, Raghunathganj Highway SubDivision, Public Works Department to ensure expeditious compliance.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)