Calcutta High Court (Appellete Side)
Anil Agarwal & Anr vs The State Of West Bengal & Ors on 17 January, 2020
Author: Arindam Sinha
Bench: Arindam Sinha
1 2 17.01. W.P. No.23253 (W) of 2019 ns 2020 Anil Agarwal & anr.
Versus The State of West Bengal & Ors. Mr. Subir Sanyal, Ms. Sumouli Sarkar ... For petitioners. Mr. Achintya Banerjee, Mr. Debangsu Mondal .. for KMC. Ms. Anwari Quraishi, Mrs. Zainab Tahur ... for State.
This writ petition has been listed under heading "To Be Mentioned" pursuant to direction earlier made on 13th January, 2020. On that day it was listed under same heading to facilitate the writ petition being moved on urgent basis.
Relevant record in order dated 13th January, 2020 is reproduced below:-
"Mr. Sanyal, learned advocate appears on behalf of petitioners and submits, his clients are being obstructed from erecting boundary wall in their premises at 13E, S. N. Banerjee Road, Kolkata - 700 038. Mr. Banerjee, learned advocate appears on 2 behalf of the Corporation and submits, there was a pond. Petitioners have wrongly obtained conversion of the pond, to have it recorded as "Bastu" land. He draws attention to page 69 being memo dated 17th October, 2019, issued by Government of West Bengal, Office of Additional District Magistrate and District Land and Land Reforms Officer, South 24 Parganas. Mrs. Quraishi, learned advocate appears on behalf of State and hands up undated communication by O.C., Behala Police Station, to her. The communication is handed over to Mr. Banerjee for his client to consider, make copy and return to Court on adjourned date."
Mr. Banerjee reiterates his submissions. His further submission, boundary wall can be erected but no other construction. Mr. Sanyal submits, only boundary wall is to be erected and will be erected. His client will not make any construction without a plan, sanctioned. His submission is recorded that his client may have to 3 approach the police for assistance, on obstruction to construction of boundary wall put forward.
The parties consent to have the writ petition dealt with at this stage. It is disposed of on above record of submissions.
(Arindam Sinha, J.)