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Calcutta High CourtWPA/501/2025disposed

Shri. Roy George v. The Lt. Governor And ORS.

2025-11-04Hon'Ble Justice Shampa Sarkar2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/501/2025 Shri Roy George Vs.

The Lieutenant Governor and others Mr. Manas Ajai Sonkar ...

for the petitioner Mr. Rakesh Kumar ...

for the respondents November 04, 2025 [SR] Item No. 7 Despite service none appears on behalf of the respondent No. 6.

The petitioner is the erstwhile Pradhan of Nilambur village and submits that an unauthorized construction is going on over forest land. Reliance has been placed on the land records. The nature of use of the land has been classified as jungle. He alleges that the respondent No. 6 encroached a jungle and started construction. The construction is going on by felling the trees and without any legal right. Mr. Rakesh Kumar, learned advocate for the forest department submits that the forest department filed a notice dated November 03, 2025, issued to the respondent No. 6, inter alia, stating that the forest land should be vacated and all ongoing construction should be discontinued with immediate effect. Appropriate proceedings will be initiated by the appropriate government under the rules.

Considering the fact that the Divisional Forest Officer, Baratang Division has already issued a notice, this Court is of the view, that the writ petition should be disposed of directing

the Divisional Forest Officer to take appropriate steps in this regard, as permitted by law.

Needless to mention that in the proceedings which have been initiated, the final decision shall be taken by the forest authorities upon hearing both the parties and upon causing an inspection as to the nature of construction.

The revenue authority shall also render assistance in this regard. Unauthorized construction cannot be allowed to be continued and should not be allowed to stand on the forest land. Necessary orders shall be passed and communicated to the parties The entire exercise shall be completed within a period of three months from the date of communication of this order. The respondent No. 6 shall be heard and allowed to file all documents and statements in support of her construction, before the authority.

A copy of this order shall be communicated to the respondent No. 6 by the petitioner.

Parties to act on the server copy of this order downloaded from the official website of this Court.

( Shampa Sarkar, J. )