Calcutta High Court (Appellete Side)
Sushil Ranjan Das & Anr vs State Of West Bengal & Ors on 20 July, 2017
Author: Harish Tandon
Bench: Harish Tandon
1
20.07.2017.
4
AGM
W.P. 15103 (W) of 2017
Sushil Ranjan Das & Anr.
Vs.
State of West Bengal & Ors.
Mr. Saibal Acharya,
Mr. Shahan Shah,
... for the Petitioner.
Mr. R. N. Chakraborty,
... for the Municipality.
Mrs. Sonal Sinha,
... For the State.
Supplementary affidavit filed by the petitioner in Court
today be kept on record.
A policy decision was taken by the State Government to
construct an Elevated Road between Jinzira Bazaar & Batanagar
on Budge Budge Trunk Road and also widening of the existing two-
lane road by addition of two lanes on both sides of the Elevated
Road for larger public convenience.
The Kolkata Metropolitan Development Authority in
collaboration with the private respondents agreed to proceed with
the said project.
The grievance of the petitioner in the instant writ petition is that taking advantage of the said project the 2 commissioner of Maheshtala Municipality approached him and tried to oust him from his property without armed with any order from the competent authority.
According to the Municipality, the petitioner is an unauthorized occupant and have therefore no right to remain in occupation thereof. However, a suggestion has been made before this Court that the District Magistrate may be directed to earmark the land required for the said ongoing project and if the land in occupation of the petitioner is coming within the said project, an appropriate steps is required to be taken in accordance with law.
This Court therefore feels that it would be profitable and helpful if the District Magistrate submits a report in this regard.
Accordingly this Court directs the District Magistrate to appoint a competent officer to demarcate the land required for construction of the Elevated Road as well as the two additional lanes under the said project and submit the report before this Court. The report should also reveal whether the property in occupation of the petitioner falls within the said ongoing project and the steps to be taken in this regard. Such report shall be filed within four weeks from date. Till the time the report is filed to the Court, the authorities are restrained not to take any coercive steps against the petitioner for his eviction.
Let the matter would appear after four weeks.
3(Harish Tandon, J.)