Ananta Kumar Sahoo And ANR v. State Of West Bengal And ORS.
jdt.
23.03.2022 jb.
W.P.A. 12030 of 2021 (Sri Ananta Kumar Sahoo & Anr. vs. State of West Bengal & Ors.) Mr. Siddhartha Sarkar .... For the Petitioners Mr. C. C. De Mr. Somnath Mukherjee .... For the State Affidavit-of-service filed by petitioners is taken on record.
None appears for the private respondent despite service of notice.
It contended behalf petitioners that the private respondent filed a writ petition being W.P.15673(W) of 2019 before this Court alleging construction and encroachment of public road by these petitioners and by an order dated 20th August, 2019 passed in W.P. No. 15673(W) of 2019, a co-ordinate Bench of this Court directed the State respondents to ascertain whether such encroachment was made by these petitioners and in event such encroachment to take expeditious steps for
removal of the same. Pursuant to the said order, a notice under Section 10(1) of the West Bengal Highways Act, 1964 was served upon the petitioners on 22nd July, 2020.
It submitted behalf petitioners that the State respondents served notice to the petitioners on 19th July, 2021 informing them that the Authority was taking steps for removal construction and eviction of the petitioners from the plot in question. According to the petitioners, the provisions of Section 10(2) and Section 10(3) of the Act of 1964 were not complied with by the Authority prior to issuance of such notice.
It is submitted on behalf of the State respondents that Authority may be directed to proceed in accordance with Section 10 of the Act of 1964 within a stipulated time frame.
It is not in dispute that this Court directed the State Authorities to ascertain whether there was any encroachment on any portion of the plot in question belonging to the State and in such event, take expeditious
steps for removal all occupants therefrom.
Such exercise was expected to be undertaken by the authority in accordance with law.
The record reveals that notice under Section 10(1) of the West Bengal Highways Act, 1964 was followed by a letter issued to the Sub-Divisional Police Officer, Belda, Paschim Medinipur for extending police assistance for removal encroachment under Section 12(2) of the Act of 1964. Admittedly the provision of Section 10 of the Act of 1964 was not complied with prior to issuance of the letter dated 19th July, 2021.
In view of the same, the writ petition is disposed of directing the 3rd respondent to act in consonance with the provisions of Section 10 of the West Bengal Highways Act, before any act demolition undertaken by the Authority. Such exercise should be completed within one month from the date of communication of this order after giving reasonable opportunity of hearing to all the interested parties including the
petitioners and the private respondent, in accordance with law.
Pending such exercise, notice dated 19th July, 2021 be stayed.
With above observations and directions, W.P.A. 12030 of 2021 is disposed of.
There shall be no order as to costs.
Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.
Urgent certified website copy of the order, if applied for, be given to the parties compliance requisite formalities.
(Suvra Ghosh, J.)