Shri G.Sanju Kumar v. The Lieutenant Governor And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA(P)/2/2023 Shri G. Sanju Kumar Vs.
The Lieutenant Governor and others Mr. KMB Jayapal ... for the petitioner Mr. Shatadru Chakraborty [through virtual mode] Mr. A.S.Kumar ... for the Administration Ms. Anjili Nag ... for the respondent nos. 2 to 4 Ms. Shipra Mondal ... for the respondent no.6 January 24, 2023 [SR] Item No.5 Affidavit of service filed by the petitioner is taken on record.
Mr.
Shatadru Chakraborty, learned advocate representing the respondent nos.1, 3 and 5, furnishes report in compliance with the direction, that was recorded on 19th January, 2023. Ms. Anjili Nag, learned advocate representing the respondent nos.2 to 4 furnishes a separate report, which however matches with the report, almost with the report already furnished by Mr. Chakraborty.
The report reveals that a joint inspection was held on 12th January,2023 by the Revenue Official (Patwari, Baratang), Forest Official (Range Officer and Beat Officer, Nilambur Range) with respect to the land bearing survey no.1, to visualize the extent of alleged construction work
undertaken by one Shri Roy George, Ex-Pradhan, Nilambur, being respondent no.6.
As per joint inspection report, the said construction work has been undertaken by the respondent no.6, namely Shri Roy George, Ex-Pradhan, Nilambur village falling within survey no.1.
It is further revealed from the report that as per revenue record of Nilambur village under Rangat Tehsil, the land bearing survey No.1 measuring total area of 85.38 hectares, classified as waste land, situated at Nilambur village stands recorded in the Forest Department. Ms. Nag, however, submits that, as per direction of the Divisional Forest Officer, Baratang, an appropriate proceedings for eviction under the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 before the Estate Officer has already been initiated. The eviction proceeding is known to be pending.
Ms. Shipra Mondal, learned advocate, representing respondent no.6, submits that an opportunity may be given to the respondent no.6, before the appropriate authority, responsible to record necessary order for eviction, in accordance with law.
The report is clear that there has been unauthorized construction raised within the forest land without taking any prior permission for the purpose. When there was already an eviction proceedings initiated, and that is pending at the moment, we just dispose of this writ petition directing the
eviction proceedings to be disposed of expeditiously as possible, giving a chance to the respondent no.6 to put up his defence, if any, in accordance with law. Pending such decision, there shall not be any further construction raised, and construction so far raised shall abide by the decision of the eviction proceedings already initiated for the purpose. The concerned Station House Officer, Baratang Police Station may be communicated with this order directing him to remain vigil over the construction already raised, and there may not be any further construction undertaken and submit a report before the appropriate authority, if the situation so demands, taking advantage of this order.
WPA(P)/2/2023 stands disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court, pending application of certified copy upon compliance of formalities.
( Subhasis Dasgupta, J. ) ( Saugata Bhattacharyya, J. )