Monday, September 25, 2023

Calcutta High Court dismisses a PIL seeking restrain to carry activity on land in question

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The Calcutta High Court dismissed a Public Interest Litigation (PIL) filed seeking to restrain the private respondents from carrying out any activity on the land in question.

The petitioners Rina Mukherjee and others are local residents of Nadikul area and their case is that the private respondents have almost demolished the park in Nadikul area and that the police authorities remained inactive.

It is stated that the land was used by the children as playground and was maintained by Nadikul Unnayan o Kalyan Samity as there was no claimant of the said land. It is alleged that the petitioners had come to know that the said property originally belonged to one Nirmala Sundari Sengupta and that now Rudrani Sengupta is claiming to the owner of the property and trying to oust the petitioners from the said land.

The Counsel appearing for the private respondent has pointed out that Rudrani Sengupta had already died on 6th of January, 2022. In view of this, the main grievance raised against Rudrani Sengupta no longer survives.

That apart, it is noted by the Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj that the petitioners have failed to point out any official record indicating that the land in question was earmarked for the park or it belongs to the State or the petitioners’ society.

No reliable material relating to the title of the land has been placed on record nor any statutory right in favour of the petitioners to use the land in question as a park has been pointed out. As per the petitioners’ own pleading, they are not the title holders of the land , observed the Court.

In these circumstances, no case is made out to issue any direction in the present public interest petition which is accordingly, dismissed by the Court.

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