Calcutta High CourtWPA/16011/2024disposed

Karuna Roy v. State Of West Bengal And ORS.

2024-11-29Hon'Ble Justice Amrita Sinha2 pages

29.11.2024 Ct. 14 AGM In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 16011 of 2024 Karuna Roy -versus The State of West Bengal & Ors.

Mr. Dilip Kumar Sinha.

...For the Petitioner.

Mr. Pinaki Bhattacharya.

Ms. Ujani Pal (Samanta).

... For the State.

1. The petitioner prays for removal of the unauthorized occupants and encroachers of Government land.

2. The Assistant Engineer, Basirhat Highway SubDivision P.W.D. (Roads) Directorate has forwarded instruction to the learned advocate signed on 3rd October, 2024 mentioning that as per the demarcation of the Government land made on 15th July 2024 and the report of the Block Land and Land Reforms Officer, Basirhat-II encroachers have been found on the Government acquired land on L.R. Plot No. 1972, Mouja-Kankra, J.L.-No. 18, P.S. Matia, District - North 24 Parganas in front of plot No. 1971 Mouza- Kankra, J.L.- 18, P.S. Matia.

3. Notice under Section 10(1) of the West Bengal Highways Act, 1964 has been issued to the encroachers but they are yet to be removed. Along with the private respondents who have encroached the land, TMC party office has also been found to be one of the encroachers of the Government land.

4. The Executive Engineer, Public Works (Roads) Directorate, Barasat is directed to take prompt necessary steps to remove the encroachers from the government plot of land in accordance with law at the earliest but positively within a period of twelve weeks from the date of communication of this order.

5. It will be open for the Executive Engineer to take the assistance of the police for the purpose of removal of the encroachers.

6. Affidavit-of-service filed in Court today be kept with the records.

7. Report of the Assistant Engineer, Basirhat Highway Sub Division is kept with the records.

8. The writ petition stands disposed of.

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

(Amrita Sinha, J.)