Calcutta High Court (Appellete Side)
Shri Hiralal Ghosh & Ors vs State Of West Bengal & Ors on 27 August, 2018
Author: Amrita Sinha
Bench: Amrita Sinha
1
27.08.2018
Sl.No. 64
Ct.No. 24
aa
W.P.No. 1698 (W) of 2016
Shri Hiralal Ghosh & Ors.
Vs.
State of West Bengal & Ors.
Mr. Piyush Chaturvedi
Mr. Amit Kr. Ghosh
Mr. J. Ram
...for the petitioners
Mr. Subhabrata Datta
Mr. Sanatan Panja
...for the State
The petitioners claim to be the successors in interest of one
Durgadas Ghosh who was the owner in respect of the land
comprised in C.S. plot no. 303, Mouza - Chakkrala within the
District Burdwan. The name of Durgadas Ghosh is recorded in
the record of rights. The petitioners allege that Pandaveswar
police station which is located on the contagious plot of land has
encroached upon their land on the garb of renovation of the
existing old dilapidated building which is standing in the plot
no. 303/710. The petitioners made a representation before the
Additional Deputy Commissioner of Police, East Durgapur,
Burdwan praying for necessary direction for removal of the
illegal encroachment that had been made by the police on their
land. The petitioners also made a demand of justice through
their learned advocate on 10th December, 2015. As there was no
2
response from the respondent authorities the petitioners moved
before this Hon'ble court by filing the instant writ petition
praying for a direction upon the respondents for removal of
illegal encroachment from the petitioners' land.
There was a direction for filing affidavit-in-opposition and
the Officer-in-Charge, Pandaveswar police station filed an
affidavit wherein it has been specifically mentioned that the
Pandaveswar police station is situated in plot no. 303/710. The
said affidavit-in-opposition does not disclose that the police
station or any portion thereof is situated in Dag no. 303. The
petitioners had been informed under the Right to Information
Act that a field enquiry had been carried out to investigate the
plot number on which the Pandaveswar police station was
situated. The report of the enquiry dated 29th February, 2016
has been annexed in the affidavit-in-reply. The said
investigation report prepared by the Revenue Inspector,
Baidyanathpur with the help of the Amin is set out hereinbelow:
-
"In connection with the subject mentioned above a field enquiry have been done by the undersigned with the help of the Amin. Following things came out during investigation:-
1. Presently Pandaveswar police station is situated partially plot no. 303 & no. 303/710 of the Mouza - Chakkrala. 3
JL no. 11. It is surrounded by the Old South Shyamla Colliery Road in the northern direction and Pandabeswar
- Joyalbhanga Road from Western part.
2. The PS is consisting of two parts. Part A (which is demarcated by discontinuous red line in the sketch map attach with this letter) consisting of metal net fencing which are used as demarcation of the PS compound as well as protect the safety and security of the PS. Inside the barricade there is 3840 sqft of open land used as storing place of seized vehicle and south eastern part of this open land there is a office barrack for the staff measuring area 3880 sqft is within plot no. 303. Remaining part B consisting of entrance of the office building, cell, O.C.'s chamber and other offices, measuring area of 9775 sqft with in plot no. 303 and remaining 11,045 sqft in plot no 303/710 (included some others PS buildings).
3. So total area of the Pandaveswar PS is 28540 sqft among which 11045 sqft is in plot no. 303/710 which is own and possessed by the PS from long time. This land is recorded in the name of Kalyanji and Movji and Coal Company which is after nationalisation handed over to police authority by ECL authority. Remaining 17495 4 sqft is in plot no. 303 recorded in the name of Devettor Chandimata Thakurani Sebayt Durgadas Ghosh S/o Debendra and several other royat."
A sketch map and plot information were also annexed with the said report. A copy of the said report dated 29th February, 2016 was forwarded to the Officer-in-Charge, Pandaveswar police station. From the report of the investigation conducted by the Revenue Officer it is clear that a portion of the police station is partially located in plot no. 303. The Officer-in-Charge stated in his affidavit that the Pandaveswar police station is situated in plot nos. 303/710. The averment of the Officer-in-Charge clearly indicates that the Pandaveswar police station is not located in plot no. 303 and is located only in the Dag nos. 303/710 i.e., Pandaveswar police station does not have any right and interest over plot no. 303.
In view of the admitted fact that the Pandaveswar police station does not have any claim over the plot no. 303, the police station or any portion thereof is liable to be removed from the plot no. 303 owned by the petitioners.
The petitioner relies upon an order dated 18th December, 2006 passed by Dipankar Datta,J, in WP No. 23078 (W) 2006 whereby the Officer-in-Charge Pandaveswar police station had been directed to immediately remove the coal that had been 5 dumped on the plot no. 302 and restore the plot in such condition as it was prior to dumping of the seized coal. The police had not put forward any claim with regards to the plot no. 303. To prove their title in respect of the plot no. 303 the petitioners have annexed registered deed of sale dated 17th October, 1962 in the name of the predecessor in interest of the petitioners. The petitioners averred in para 3 of the writ petition that the predecessor in interest of the petitioners filed a Title Suit being no. 141 of 1964 against a private coal company namely Kalyanji Muvjhi which was decreed in their favour on 31st January, 1968. The decree was put into execution and stood satisfied. The plot in question stood recorded in the name of Durgadas Ghosh. From the aforesaid averment made in the writ petition the possessory rights of the petitioners cannot be doubted. No dispute with regards to the same has also been raised by the respondents. Accordingly, the respondents do not have any authority to encroach upon the private land of the petitioners. In case the authorities require the said land of the petitioners for the purpose of the police station they are always at liberty to initiate proper proceedings for acquiring the same in accordance with the procedure of law. Without taking resource to the legal procedures the authorities cannot encroach upon the private land of the petitioners. It appears that this court on 6 an earlier occasion had directed the Pandaveswar police station to remove the coal that had been illegally dumped on a different plot of land (plot no. 302) with further direction to restore the plot in such condition as it was prior to dumping of the seized coal.
In the aforesaid facts the Block Land & Land Reforms Officer, Pandaveswar is directed to demarcate the plot no. 303 as indicated in the report of the Revenue Inspector, Baidyanathpur within a period of 8 weeks from the date of receipt of a copy of this order. If after demarcation it appears that the police station has encroached any portion in respect of the plot no. 303 owned by the petitioners, then the Officer-in- Charge, Pandaveswar police station will take necessary steps to immediately remove the said illegal encroachment at the earliest and positively, within a period of 6 months thereafter.
The writ petition being WP 1698 (W) of 2016 is disposed of. There will be no order as to costs.
Urgent certified photo copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.
( Amrita Sinha, J. )