Anil Baidya v. The Executive Engineer And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/17/2022 Anil Baidya ... Petitioner Vs.

The Executive Engineer and Others ... Respondents Mr. Ananda Halder ... for the petitioner Mr. Salim Mohammed ... for the Administration Mr.Sudarsan Biswas ... for the respondent No.5 April 21, 2022 [GNC] Item No.5 The petitioner alleges that the respondent Nos.1 to 3 have failed and neglected to remove the obstruction created by the respondent No.5 at the time of execution of the sanctioned work of construction of a CC Road from the house of Sunil Baidya to the house of Anil Baidya along with a culvert on the government revenue land, bearing No.28/3 situated at Manpur village, under Ferrargunj Tehsil. Despite several requests, the authorities have not facilitated the sanctioned work. The construction was being done by the respondent No.4. The land over which such construction was to be made was a government land and had been surrendered by the petitioner and the respondent No.5. Respondent No.4 intimated the respondent No.3 that such work could not be carried out due to the obstruction of the respondent No.5, and the respondent No.4 requested the authority to clear the area.

Learned advocate for the respondent No.5 submits that the construction by the respondent No. 4, was not being limited to the demarcated area over which such CC road and culvert was to be constructed, as per the sanction granted by the authority. He

submits that the respondent No.4 at the instance of the petitioner attempted to construct beyond the surrendered area, thereby, encroaching upon a portion of the area occupied by the respondent No.5. Hence, such objection was raised. Under such circumstances, having considered the rival contentions of the parties, this court is of the opinion that justice will be sub-served if the Tehsildar, Ferrargunj Tehsil along with the Special Officer, Collinpur Gram Panchayat, makes a spot inspection in the presence of the parties, in order to ascertain and ensure that the construction of the CC road and the culvert by the respondent No.4 would be restricted to the demarcated area as per the sanction granted by the authorities and such construction would not in any way encroach into any land occupied either by the petitioner or by the respondent No.

5. Such spot inspection shall be made within a period of four weeks from the date of communication of this order. Prior notice shall be given to the petitioner and the respondent Nos.4 and 5. All the parties shall be present at the time of such inspection. Demarcation shall be effected physically by the competent authority indicating the area on which such construction shall be made by the respondent No.4. A rough sketch map shall be prepared and handed over to the parties. Thereafter the respondent No.4 will construct as per the report and the drawing that will be prepared by the authority, pursuant to this order. This court has not gone into the merits of the claims and counterclaims of the parties and the authority shall decide the entire issue independently.

With the above directions, the writ petition stands disposed of.

Parties are directed to act on the server copy of this order. (Shampa Sarkar, J.)