31.01.2024
Item No.14.
Court No.6.
AB
M.A.T. 60 of 2024
With
CAN 1 of 2024
CAN 2 of 2024
The Managing Director, West Bengal
Highway Development Corporation Ltd.
Vs
Sudharani Mondal & Others
Mr. Anirban Ray, ld. GP,
Mr. Tanay Chakraborty ….for the Appellant.
Mr. Mukul Biswas,
Mr. Pradip Pal …..for the Respondent No.1/
Writ Petitioner.
In re : IA CAN 1 of 2024
This is an application for condonation of delay of
178 days in filing the appeal. Causes shown being
sufficient, the delay is condoned.
I A CAN 1 of 2024 is, accordingly, disposed of.
In re : MAT 60 of 2024, IA CAN 2 of 2024
This appeal is directed against a judgment and
order dated June 12, 2023, whereby the writ petition
of the respondent no.1 herein, being WPA 5328 of
2023, was disposed of by a learned Judge of this
Court.
It appears that the writ petitioner had
approached the learned Single Judge with a grievance
that there has been illegal encroachment on
Government land under the control of the West Bengal
2
Highway Development Corporation Limited, the
present appellant.
The learned Judge noted that in an earlier writ
petition filed by the present writ petitioner being WPA
3430 of 2021, a learned Judge by an order dated
September 2, 2021, as modified on September 27,
2022, had directed the concerned Authority to dispose
of the application filed by the writ petitioner within a
stipulated period after observing the principles of
natural justice.
Pursuant to such order, the appellant by an
order dated 07.11.2022 recorded that there are
occupants on Government land for the past 15 years
and there is no reason to remove such occupants till
the land is required by the Government.
The learned Judge disposed of the writ petition
with the following observations and directions:
“It is strange to note that though the concerned
authority found illegal encroachment on Government land,
he refrained from removing such encroachment for reasons
best known to him which may in all probability be
extraneous in nature. Such a decision is not only ridiculous,
but is also unknown to law.
In view of the above, this Court is inclined to hold
that since encroachment upon Government land has been
found by the authority, the concerned authority, being the
2nd respondent herein, is directed to take necessary steps
for removal of such encroachment within one month from
the date of communication of this order upon affording
reasonable opportunity of hearing to all the interested
persons including the petitioner, in accordance with law.”
3
Being aggrieved, the respondent no.2 in the writ
petition has come up by way of this appeal.
Learned Government Pleader appearing for the
appellant says that it was not proper on the part of the
learned Single Judge to come to a finding that there is
encroachment on Government land and to direct
removal of such encroachment. The learned Judge
ought to have directed that proper procedure be
followed under the West Bengal Highway Act, 1964.
There may be some substance in the submission
of learned Government Pleader. However, we find that
the order of the learned Single Judge has been carried
out by the Competent Authority and, therefore,
nothing remains in this appeal. This appeal has
become academic. We, however, leave it open for the
appellant herein or the State to argue in an
appropriate case that for removal of encroachment
from Government land, the relevant procedure laid
down in the concerned Statues should be followed.
Learned Government Pleader says that the
observation of the learned Judge that the concerned
Authority, in spite of finding illegal encroachment on
Government land, refrained from removing such
encroachment “for reasons best known to him which
may in all probability be extraneous in nature”, is
without any basis. We do not think that such
observation was required to be made. Such
observation stands expunged.
4
The appeal and the connected application are,
accordingly, disposed of.
Urgent photostat certified copy of this order, if
applied for, be supplied expeditiously after compliance
with all the necessary formalities.
(Arijit Banerjee, J.)
(M. V. Muralidaran, J.)