Al Amin Dafadar And ORS v. State Of West Bengal And ORS.

19.09.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 22272 of 2025 Al Amin Dafadar & Ors.

-versus The State of West Bengal & Ors.

Mr. Mohinoor Rahaman, Ms. Iqra Rahaman.

...For the Petitioners.

Mr. N.C. Bihani, Sr. Adv, Ms. P.B. Bihani.

... For the State.

Mr. Animesh Mukherjee, Mr. Md. Abdul Alim.

...For the Private Respondent.

1.

The petitioners allege that the private respondent has illegally and arbitrarily damaged the embankment of Vidyadhari river resulting in influx of saline water inside the agricultural land without obtaining any permission from the competent authority. 2.

The petitioners allege that representations filed before the State respondents have not yielded any result.

3.

Learned advocate appearing on behalf of the private respondent submits, upon instruction that, the petitioners themselves leased out the subject land to the private respondent for the purpose of pisciculture upon payment of lease rent. Receipts showing payment of money by the private respondent to the petitioners have been placed before this Court. The same is taken on record.

4.

Learned advocate appearing on behalf of the State respondents relies upon the instruction forwarded by the Inspector-in-charge of the Basirhat Police Station and the report of the Block Development Officer, Basirhat-I Development Block dated 17th April, 2025. It appears that the Block Development Officer conducted an enquiry and the enquiry report dated 17th April, 2025 has been placed before this Court. The same is also taken on record.

5.

It appears therefrom that the complaint of salinization of around 800 bighas of agricultural land by damaging the dam of Vidyadhari river was enquired. It was revealed that the area in question is in an inundated/submerged condition for long. Fishery is done over the said plots of land for a long period of time. There was no sign of any demolition of any dam or embankment.

6.

The waterlogged fishery land is connected on one side of a canal from the Vidyadhari river and on the other side there are agricultural lands which are not touched by the saline water. No sign of any forced demolition or destruction of the embankment or salinization of agricultural land has been found. 7.

It appears from the submissions made on behalf of the parties and on perusal of the documents placed before this Court that there may be some private disputes in between the petitioners and the private respondent. The allegation of forced salinization of agricultural land upon destruction of embankment cannot be substantiated.

8.

In view of the above, the writ petition fails and is hereby dismissed.

9.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)