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Calcutta HC directs Alipore DM to consider plea on encroachment in water body

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The Calcutta High Court has directed the District Magistrate, Alipore, Kolkata to consider the petitioner’s representation and take action to remove unauthorised construction in the water body.

The allegation in this petition is that Dag No.1141, Mouza Dakshin Durgapur, Police Station Kultali, District South-24 Parganas is classified as “Mach Chas Gheri” and the stand of the petitioner is that the entire area of about 48 acres of that Dag is a water body, therefore, no illegal construction can be allowed on it.

The stand of the State of West Bengal, as also the private respondents, is that in respect of an area of about 2.01 acre the Civil Suit  is pending in which the Trial Court has passed the order of temporary injunction on 22.12.2020. The further stand of the private respondents is that the Civil Suit is at the instance of one Dibakar Safui and the petition has been filed on the basis of the document obtained under the RTI by the said Dibakar Safui.

The private respondents has further argued the petitioner along with the brother of Dibakar Safui had filed the representation before the concerned authority and now he has filed the PIL.

Having heard the learned counsel for the parties and on the perusal of the record, the Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj  noted that undisputedly the Civil Suit is pending only in respect of 2.01 acres of land whereas the allegation of unauthorised construction is in respect of the entire area of 48 acres of the said Dag number.

“Once the suit is pending and the competent Court is examining the issue, then it would not be proper by this Court to allow the controversy to be agitated before any other forum in respect of suit land of 2.01 acre but in respect of remaining area of about 46 acres of land the representation of the petitioner  sent on 20th April, 2022 is pending before the District Magistrate, Alipore, Kolkata,” observed the Bench.

Hence, the Court disposed of the petition directing the District Magistrate, Alipore, Kolkata  to duly consider the petitioner’s representation in respect of the land of the Dag in question excluding the area which is the subject matter of pending civil suit.

“The District Magistrate will give due hearing to all the concerned parties and will carry out the enquiry, if required and if on the land in question any unauthorised construction is found, then will take action to remove the same in accordance with law.”

The Court directed that this exercise be completed within a period of four months.

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